Federal Manager's Daily Report

Regarding misconduct, the new OPM guidance on disciplinary actions says that “conduct-based actions are important tools designed to aid supervisors in maintaining an efficient and orderly work environment” and that discipline “can deter misconduct and correct situations interfering with the efficiency of civil service.”

“Documenting misconduct is also imperative to support any conduct-based action and in the event that progressive discipline is initiated based on repeated misconduct. Further, misconduct should be addressed when deficiencies are first noted, when, for example, an employee refuses or fails to comply with a rule, regulation or law within the workplace,” it says.

While determining the appropriate course of action is ultimately management’s responsibility, it says, discipline should be “reasonable and proportionate to the misconduct. One of the most difficult determinations for managers is selecting the penalty. Several factors come into play in determining an appropriate penalty. Penalties should be reasonably consistent with the discipline applied to similarly situated employees … The supervisor should also weigh any relevant aggravating and mitigating factors that may be relevant such as the nature and severity of the offense, the employee’s disciplinary record and years of service, the employee’s potential for rehabilitation, and applicable agency penalty guidelines.”

Discipline can range from lesser actions such as oral and written reprimands, letters of warning, letters of counseling, and suspensions of 14 calendar days or less to more severe adverse actions such as suspensions of more than 14 calendar days, indefinite suspensions, involuntary reductions in grade or pay, and removals, it noted.

“Effective lesser disciplinary measures are usually covered under agency policies, may be grievable depending on the agency’s administrative or negotiated grievance processes, and may be issued with fewer procedural requirements. However, penalties for more severe adverse actions have certain statutory and regulatory procedural requirements that agencies must follow,” OPM said.

The guidance lists those steps in detail, adding that for more serious discipline especially, proposing officials should coordinate with the employee relations staff and legal office.