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CHAPTER 751 - DISCIPLINE
SUBCHAPTER 1 - GENERAL PROVISIONS
1-1. AGENCY RESPONSIBILITY FOR DISCIPLINE
b. Delegation of Authority
(1) To Agency Heads. Authority is hereby delegated to each Agency Head to take actions under the provisions of
Title II, Sections 203 and 204, Civil Service Reform Act, consistent with Chapters 432, 751 and 752 of the Department
Personnel Manual, except those actions affecting employees in the following positions:
(a) Schedule C, SES, and P.L. 313 positions;
(b) Administration Law Judges;
(c) Positions in GS or GM-14, its equivalent, and higher.
(2) Redelegation. Each Agency Head shall redelegate disciplinary authority to that level of personnel management
that has clearly demonstrated the knowledge, experience and capability to take the action. This shall not preclude,
however, the Agency Head from exercising the authority delegated above on a case-by-case basis.
(3) Relation to the Office of the Secretary
(a) Secretary's Authority. No delegation or authorization prescribed herein shall preclude the Secretary from
exercising any of the powers or functions, or from performing any of the duties conferred herein. No delegation or
authorization prescribed herein shall preclude the exercise of any delegation or authorization otherwise provided to the
Deputy Secretary, Under Secretaries, Assistant Secretaries, Director of Science and Education, or the Director of Personnel.
(b) Action by Director of Personnel. The Agency shall send its recommendation for appropriate disciplinary action to
the Director of Personnel in all cases in which action cannot be taken under delegated authority. The Agency shall also
submit with its recommendation any internal inquiry report and a memorandum of analysis. If no formal investigation was
conducted, the Agency shall submit a memorandum describing the unsatisfactory conduct or services in detail, together
with the best available evidence. Such evidence shall include written statements by persons having direct knowledge of the
unsatisfactory conduct or services and all pertinent documents.
(c) Obtaining Evidence. Allegations of misconduct specified as basis for disciplinary action should be supported by
written statements and other evidence obtained by inquiry or investigation. If the inquiry or investigation reports are fully
favorable, the employee shall be notified in writing and a copy of such notice shall be placed in the investigative file.
11-17-81 (Amend. 172) U.S. Department of Agriculture Personnel Manual
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CHAPTER 751 - DISCIPLINE
SUBCHAPTER 1 - GENERAL PROVISIONS
1-2. CHOOSE AMONG DISCIPLINARY ACTIONS
a. General
Following are the types of formal disciplinary actions:
(1) Letters of reprimand
(a) General. Letters of reprimand include any letter of caution, warning, admonition, or censure based on delinquency or, misconduct issued to an employee by an official having delegated authority to issue such letters.
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SUBCHAPTER 1 - GENERAL PROVISIONS
1-2. CHOOSING AMONG DISCIPLINARY ACTIONS Contd.
(b) Contents and Signature.
i. Each Agency letter of reprimand must be signed by an authorized official.
ii. Letters of reprimand shall cite the specific acts for which the employee is reprimanded, and shall include a warning
that a repetition of the offense or other improper conduct may lead to a recommendation for more severe disciplinary
action. They shall inform the employee that the reprimand may be grieved through the Department grievance procedure or
negotiated grievance procedure, as applicable, and that a copy of the letter will be filed in his or her Official Personnel
Folder for a period of not more than two years. NOTE: Supervisory counseling letters and confirmation of oral warnings or
reprimands addressed to the employee by his or her official superior are not considered formal disciplinary actions and
shall not be placed in the employee's Official Personnel Folder.
iii. When it is believed that because of the rank or position held, or for other appropriate reason, a Secretarial letter of
reprimand would be more appropriate, recommendation shall be submitted to the Director of Personnel for the issuance of
such a letter. Each such recommendation shall include a draft letter of reprimand and the evidence supporting the basis for
the reprimand.
(2) Suspension from duty without pay
(a) Suspension means placing an employee in an involuntary nonduty and nonpay status. Under certain circumstances,
it may include periods of enforced leave. It is imposed as a disciplinary penalty when it is believed that the employee may
be worthy of retention in the service, but action more severe than a letter of reprimand is required. It is mandatory to
impose a disciplinary suspension in certain situations prescribed by law. For example, a suspension of not less than
1month must be imposed for willful use of, or authorizing use of, any Government-owned or Government-leased passenger
vehicle or aircraft for other than official purposes.
(b) It is Department policy that if an employee has been arrested or indicted and the misconduct which led to the arrest
or indictment is job related, he or she should be indefinite 1; suspended without pay pending an initial adjudication in the
judicial process. If the employee pleads guilty or is convicted, the Agency will proceed with appropriate disciplinary
action on the basis of the misconduct which led to the conviction without returning the employee to duty from the
indefinite suspension. (See FPM and DPM Chapter 752, Subchapter 3.)
(3) Removal. Such action is taken where removal is specified by law as the required penalty, or where the removal is
for such cause as will promote the efficiency of the service. There are some offenses for which removal is mandatory by
law, examples of which include commission of prohibited political activities (unless the Merit Systems Protection Board
finds that removal is not warranted, in which case a minimum suspension from duty of 30 days must be imposed), use of
appropriated funds to influence Congress, acceptance of a bribe, and participation in a strike against the Government of the
United States. Offenses for which removal is not mandatory, but which are usually considered sufficient grounds for
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CHAPTER 751 - DISCIPLINE
SUBCHAPTER 1 - GENERAL PROVISIONS
1-2. CHOOSING AMONG DISCIPLINARY ACTIONS Contd.
removal includes, but is not limited to, criminal, infamous, dishonest, or notoriously disgraceful conduct, habitual
excessive use of intoxicating beverages or drugs following rehabilitation efforts, refusal to accept detail or reassignment,
and presentation of false claim or falsification of official records with intent to obtain personal gain. For a more detailed
statement of penalties, see the USDA Table of Disciplinary Penalties attached as Appendix A. To achieve a reasonable
degree of uniformity in the imposition of penalties, Agencies should consider the penalties suggested therein and normally
apply or recommend those indicated unless there appears to be substantial justification for deviating therefrom. In such
cases, the justification shall be set forth in detail in the case file.
(4) Separation during probationary or trial period. The separation of an employee whose work performance or
conduct during the probationary or trial period has failed to demonstrate fitness or qualifications for continued employment
is necessary to maintain the Department's standards. Likewise, should it be ascertained subsequent to an appointment that
the employee has falsified his or her application or other employment documents with respect to matters so material that
the appointment would not have been made had the truth been disclosed, the employee must be separated for the
falsification. It is important to keep in mind that although the Official of Personnel Management may rate an employee
eligible, the Department and its Agencies may, nevertheless, proceed independently of the Office of Personnel
Management to effect the separation of an employee during the probationary period for pre-existing causes. (See FPM and
DPM Chapters 752, Subchapter 3 and FPM and DPM Chapters 315, Subchapter 8.)
(5) Reduction in grade or pay.
(See FPM Chapter 752, Subchapter 3.)
(6) Resignation - employee not in good standing.
(a) Whenever an Agency has made a decision to propose or effect a separation, demotion, or suspension, the Agency
may give the employee the opportunity to resign.
i. Resignation by employee with appeal rights - The employee will be informed that if he or she resigns after receiving
written notice of a proposed or decided disciplinary action, the personnel action recording the resignation will show the
facts as to his or her delinquency or misconduct. The employee will also be informed that if he or she elects not to resign,
their case will not be prejudiced thereby and they will receive the procedural rights specified in FPM and DPM Chapters
752. (Also see FPM Chapter 296.)
ii. Resignation by employee without appeal rights - The employee will be informed that the personnel action recording
the resignation will not contain the facts of his or her delinquency or misconduct. (Also see FPM Chapter 296.)
(b) Under no circumstances shall coercion be used for the purpose of securing a resignation. The resignation must be
entirely voluntary and submitted with the understanding that it will be accepted as that of an employee not in good standing.
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SUBCHAPTER 1 - GENERAL PROVISIONS
1-2. CHOOSING AMONG DISCIPLINARY ACTIONS Contd.
b. Reasonable of Action
(1) See Appendix A for pertinent factors to take into consideration.
(2) No disciplinary action shall be initiated against an employee unless there is prime facie evidence of the truth of the
allegations against the employee.
1-3. ENFORCED LEAVE
See FPM Chapter 752, Subchapter 2-1a(3).
U.S. Department of Agriculture Personnel Manual 11-17-81 (Amend. 172)