DOE G 3305.1, Senior Executive Service Personnel Guide
Functional areas: Employment
Cancels DOE O 3305.2, DOE O 3430.4A, DOE O 3710.1A.
Superseded By:
DOE N 251.65, Cancellation of Directives on Feb 10, 2006
Version history and related documents
Superseded by
A newer version replaces this document.
- DOE N 251.65Cancellation of Directives (Feb 10, 2006)
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
DISTRIBUTION: INITIATED BY:
All Departmental Elements Office of Personnel
DOE G 3305.1
U.S. Department of Energy GUIDE
Washington, D.C.
1-12-95
SUBJECT: SENIOR EXECUTIVE SERVICE PERSONNEL GUIDE
1. PURPOSE. This Guide has been prepared by the Executive Resources Policies and
Programs Branch, Executive Resources Division, Office of Personnel, for use by all
Departmental members of the Senior Executive Service. It explains a general overview,
definitions, and general guidelines and procedures covered by Federal regulations in the
areas of Senior Executive Service employment, the performance appraisal system, and
reductions-in-force. Each chapter indicates the appropriate federal regulation containing
the requirements for that particular subject.
2. APPLICABILITY. This Guide can be used by all Department of Energy members of
the Senior Executive Service.
3. EXEMPTIONS. Not applicable.
4. COMMENTS AND ASSISTANCE. Questions or comments on this Guide should be
addressed to the Department of Energy, Executive Resources Policies and Programs
Branch, Executive Resources Division, Office of Personnel, Washington, D.C. 20585 or
by telephoning (202) 586-8450.
5. REFERENCES. References are contained in Attachment 1.
BY ORDER OF THE SECRETARY OF ENERGY:
ARCHER L. DURHAM
Assistant Secretary for
Human Resources and Administration
Information
Use the bookmarks to the left of your screen to quickly go to the requsted part.
DOE G 3305.1 Attachment 1
1-12-95 Page 1 (and 2)
REFERENCES
1. Civil Service Reform Act (Public Law 95-454), which established the Senior Executive
Service and provides for a performance appraisal system for its members.
2. 5 United States Codes 3391-3395, which provide statutory provisions covering
appointments, reassignments, and transfers in the Senior Executive Service.
3. 5 United States Code 3593, which provides statutory provisions for reinstatement to the
Senior Executive Service.
4. 5 United States Code 3595, which provides statutory authority and procedural
requirements for conducting a reduction-in-force in the Senior Executive Service.
5. Title 5 Code of Federal Regulations, part 293, which provides for an employee
performance file system for Senior Executive Service members.
6. Title 5 Code of Federal Regulations, part 359, which provides regulations for career
appointee's removal for unacceptable performance, and removal during probation.
7. Title 5 Code of Federal Regulations, part 752, which provides adverse action regulations
for removal for cause, including failure to accept a direct reassignment.
8. Title 5 Code of Federal Regulations, part 771, which provides grievance coverage and
regulations.
9. Title 5 Code of Federal Regulations, parts 1200-1201, which provide regulations and
procedures of appeal to the Merit Systems Protection Board.
10. Title 5 Code of Federal Regulations, parts 1201 and 1250, which provide regulations and
procedures governing appeals to the Merit Systems Protection Board and investigations
by the Office of Special Counsel into alleged prohibited personnel practices.
11. Federal Personnel Manual Supplement 296-33, subchapter 6, which provides the
procedures used in determining creditable service for reduction-in-force purposes.
12 DOE 1700.1, FREEDOM OF INFORMATION PROGRAM, of 11-19-79, which
provides procedures for receiving and responding to requests for information contained in
Departmental records.
Section 2
13. DOE 1800.1, PRIVACY ACT, of 8-31-84, which provides procedures for receiving and
responding to requests for information contained in Departmental records.
DOE G 3305.1 i
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TABLE OF CONTENTS
CHAPTER I - REASSIGNMENTS
1. Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1
2. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1
3. Guidelines and procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1
a. Reassignment of Career Appointees . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1
b. Failure of Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1
c. Involuntary Reassignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1
d. Reassignment of Non-Career Appointees . . . . . . . . . . . . . . . . . . . . . . . I-2
CHAPTER II - REDUCTION-IN-FORCE
1. Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
2. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
3. Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
4. General guidelines and procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
CHAPTER III - DISCONTINUED SERVICE RETIREMENT
1. Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-1
2. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-1
3. General Guidelines and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-1
a. Abolishment/Change of Senior Executive Service Position . . . . . . . . III-1
b. Reassignment of a Career Appointee . . . . . . . . . . . . . . . . . . . . . . . . . . III-1
c. Poor Performance by a Career Appointee . . . . . . . . . . . . . . . . . . . . . . III-2
d. Recertification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-2
CHAPTER IV - DETAILS
1. Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
2. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
3. Types of details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
a. Unclassified duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
b. Intergovernmental Personnel Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
4. General Guidelines and Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-1
CHAPTER V - MOBILITY ASSIGNMENTS
1. Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-1
2. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-1
3. Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-1
Section 3
a. Temporary Job Change or Detail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-1
b. Permanent Job Change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-1
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4. Types of Mobility Assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-1
a. Intergovernmental Personnel Act Assignments . . . . . . . . . . . . . . . . . . V-1
b. Sabbaticals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-2
CHAPTER VI - REMOVAL BASED ON PERFORMANCE
1. Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-1
2. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-1
3. General Guidelines and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-1
CHAPTER VII - WRITTEN REPRIMAND
1. Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-1
2. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-1
3. General Guidelines and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-1
CHAPTER VIII - SUSPENSION TO REMOVAL
1. Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-1
2. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-1
3. General Guidelines and Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VIII-1
DOE G 3305.1 I-1
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CHAPTER I
REASSIGNMENTS
1. OVERVIEW. Reassignments are the permanent movement of a Senior Executive
Service appointee from one Senior Executive Service position to another within the same
Federal agency.
2. AUTHORITY. 5 Code of Federal Regulations 317, subpart I.
3. GUIDELINES AND PROCEDURES.
a. Reassignment of Career Appointees. Career Senior Executive Service members
may be reassigned non-competitively to any Senior Executive Service position for
which they possess the requisite technical or professional qualifications of the
proposed position. (Executive Core Qualifications are transferable to any position
in the Senior Executive Service.) Career reassignments include the following:
(1) Non-Geographic Reassignment. Reassignment within the same
commuting area requires a 15-day advance written notice.
(2) Geographic Reassignment. Reassignment outside the commuting area,
requires a 60-day advance written notice specifying the reasons for the
reassignment. Requires advanced consultation with executive. Note: All
or part of the 15/60-day notice may be waived by the executive, in which
case the reassignment can be effected sooner.
b. Failure of Acceptance. Failure to accept a reassignment within the same
geographic area makes the executive subject to removal under adverse action
procedures, which is appealable to the Merit Systems Protection Board. If
separation is for failure to accept a reassignment to a different commuting area,
the executive is entitled to discontinued service retirement, if eligible, or
severance pay, unless a position description or other written agreement or
understanding provides for such geographic reassignments.
Section 4
c. Involuntary Reassignments. Career Senior Executive Service members may not
be reassigned involuntarily within 120 days after the appointment of a new agency
head or a new non-career supervisor who has the authority to appraise the
executive. This precaution was designed to provide time for each executive's
capabilities to be adequately judged by the new appointee. Note: Career members
may transfer to another agency, but cannot be transferred involuntarily.
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d. Reassignment of Non-Career Appointees. Non-career members (who must be
assigned to an Senior Executive Service general position) may be reassigned to
any other Senior Executive Service General position for which they are qualified
after prior approval by the Office of Personnel Management. Non-career
reassignments are not subject to competitive processes.
DOE G 3305.1 II-1 (and II-2)
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CHAPTER II
REDUCTION-IN-FORCE
1. OVERVIEW. An agency must have issued written procedures before conducting a
reduction-in-force. A copy of the procedures shall be provided to the Office of Personnel
Management upon issuance (5 Code of Federal Regulations 359.601(c)).
2. AUTHORITY. 5 Code of Federal Regulations 359.601(c).
3. DEFINITION. As defined in 5 United States Code 3595(d), reduction in force "includes
the elimination or modification of a position due to reorganization, lack of funds,
curtailment of work, or any other factor." Other factors include the withdrawal of Senior
Executive Service allocations by the Office of Personnel Management, a total agency
shutdown, or the determination that a position no longer meets the criteria for inclusion in
the Senior Executive Service. Positions which meet this criteria are typically regarded as
"surplus."
4. GENERAL GUIDELINES AND PROCEDURES. The following summarizes
procedures required to effect a reduction-in-force impacting career Senior Executive
Service appointees.
a. Advance planning and documentation of function(s) abolished;
b. Approval of surplus status of position(s) by the Secretary of Energy or designee;
c. Advanced written notification to surplus executives;
d. Qualifications analysis of surplus executives with vacant Senior Executive
Service positions for reassignment consideration;
e. As applicable, Departmental certification to the Office of Personnel Management
to advise of inability to place surplus or displaced career executives in Senior
Executive Service positions for which qualified;
f. Office of Personnel Management Placement Assistance (45 days); and
g. Transfer or removal of displaced executives from Senior Executive Service.
Removal appealable to the Merit Systems Protection Board.
DOE G 3305.1 III-1
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CHAPTER III
DISCONTINUED SERVICE RETIREMENT
1. OVERVIEW. There are a number of situations in which it serves the public interest and
satisfies management objectives to permit the retirement of career executives who are
eligible under the provisions of 5 United States Code 8336(d), "Discontinued Service
Retirement (DSR)," commonly referred to as "early retirement" or "early out."
Age Required Service Years Required
50 20
any age 25
2. AUTHORITY. 5 United States Code 8336(d).
3. GENERAL GUIDELINES AND PROCEDURES.
a. Abolishment/Change of Senior Executive Service Position. Management action
can sometimes result in substantial change or abolishment of a career Senior
Executive Service position with the result that an executive is "surplus" to the
needs of the Department. In the following situations, an executive who meets
discontinued service retirement age/service criteria could elect to retire.
Section 5
(1) A program/organization is abolished;
(2) The program erodes and no longer supports the Senior Executive Service
position;
(3) The project or "special emphasis" purpose for which a Senior Executive
Service position was initially established has been accomplished; and/or
(4) Changes in program priorities or emphasis require reorganization and a
Senior Executive Service position is not needed in the new structure.
b. Reassignment of a Career Appointee. Career Senior Executive Service members
who meet discontinued service retirement age/service criteria may elect to retire
"early" in lieu of accepting directed reassignment to another Senior Executive
Service position which is outside the commuting area of the executive's present
position. Such situations would require decision by the Secretary or designee that
the executive's skills are most needed in the proposed position and thus it is in the
interest of the Department to direct the reassignment.
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c. Poor Performance by a Career Appointee. A career Senior Executive Service
member who meets Discontinued Service Retirement criteria and is being
removed from the Senior Executive Service because of poor performance, may
elect early retirement in lieu of accepting an offer of a GS/GM-15 position. Poor
performance warranting mandatory removal includes:
(1) Two ratings of "unsatisfactory" within 5 consecutive years;
(2) Two ratings of "minimally satisfactory" or "needs improvement" within 3
consecutive years; or
(3) One rating of "unsatisfactory" and one rating of "minimally satisfactory" or
"needs improvement" within 3 consecutive years.
d. Recertification. As applicable, a career Senior Executive Service member who is
not recertified is eligible for immediate Discontinued Service Retirement in lieu
of placement rights.
DOE G 3305.1 IV-1
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CHAPTER IV
DETAILS
1. DEFINITION. A "detail" is the temporary movement of an employee within, into, or
out of the Senior Executive Service for a specified period, usually with the expectation
that the employee will return to his or her regular position at the end of the period.
Administratively, the employee continues to be the incumbent of the position from which
detailed for purposes of pay and benefits. Details may be within the employing agency or
negotiated between organizations/agencies.
2. AUTHORITY. 5 Code of Federal Regulations 317, subpart I.
3. TYPES OF DETAILS.
a. Unclassified Duties. Details to "unclassified" duties where a grade determination
has not been made may not exceed 120 days. After this time frame, the executive
must be detailed or permanently assigned to an allocated position.
b. Intergovernmental Personnel Act. Under this authority, an executive, with his or
her consent, may be assigned to a State or local government either on detail or on
leave-without-pay. In either case, the executive remains an executive of the
employing Federal agency and retains the rights and benefits attached to that
status (i.e., the executive's pay, allowances, privileges, rights, seniority, and other
benefits are preserved and remain in effect during the assignment). These
"temporary" assignments are designed to facilitate the movement or "mobility" of
employees for short periods of time when this movement can serve a sound public
purpose. (Note: A discussion on permanent "mobility" actions is provided under
the section entitled "Mobility Assignments.")
4. GENERAL GUIDELINES AND PROCEDURES.
Section 6
a. The Office of Personnel Management provides that only a career Senior Executive
Service employee or a career-type non-Senior Executive Service employee may be
detailed to a Career Reserved position. Any Senior Executive Service employee
may be detailed to a general position.
b. All details over 30 days involving established Senior Executive Service
positions/members must be approved by the Executive Resources Board.
c. Office of Personnel Management regulation permits non-competitive details of
non-Senior Executive Service employees to established Senior Executive Service
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positions for up to 120 days. Competitive selection procedures must be used for
details of non-Senior Executive Service employees to Senior Executive Service
positions for more than 120 days, and the Office of Personnel Management
approval is required for any detail of a non-Senior Executive Service employee to
a Senior Executive Service position for more than 240 days.
d. A Senior Executive Service appointee may not be detailed into an established
GS/GM-15 or lower position, or a non-Senior Executive Service position (e.g.,
Senior Level (SL), Scientific and Professional (ST), Administratively Determined
(AD)). The Senior Executive Service is a distinct personnel system which is not
interchangeable with other personnel systems.
e. While there are no current restrictions on the length of details of Senior Executive
Service members to established Senior Executive Service positions, Office of
Personnel Management guidelines discourage details exceeding 1 year and require
that details be approved in increments of 120 days.
f. There is no requirement for advance notification to an executive regarding the
detail. However, it is normal practice for details to be coordinated in advance by
the participating organizations before the detail is submitted to the Executive
Resources Board for approval.
DOE G 3305.1 V-1
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CHAPTER V
MOBILITY ASSIGNMENTS
1. OVERVIEW. Mobility assignments are used for a variety of purposes primarily to
broaden individual career Senior Executive Service technical and leadership skills and
perspectives which benefit both the executive and the Federal Government.
2. AUTHORITY. 5 Code of Federal Regulations 412.
3. DEFINITION. Mobility assignments may include temporary and permanent job
changes.
a. Temporary Job Change or Detail. This type of job change typically involves
moving from one Senior Executive Service position within the same agency, a
different agency, and/or different geographic area for a period of approximately 4
to 12 months.
b. Permanent Job Change. In some agencies, executives are provided the
opportunity throughout their careers to sample various functions within their
employing agency or between other agencies and departments. These
"permanent" job changes provide the executive the opportunity to gain valuable
knowledge and skills, producing benefits to organizations as well as executives.
4. TYPES OF MOBILITY ASSIGNMENTS.
a. Intergovernmental Personnel Act Assignments. Under this authority, Federal
executives are provided the opportunity to work in State, local and Indian tribal
governments, colleges or universities, private companies, or non-profit
organizations. The Office of Personnel Management is responsible for tracking
the use of these assignments. Primary features include the following:
(1) Assignments can be intermittent, part time, or full time;
Section 7
(2) They can last up to 2 years and may be extended by the Federal agency
head for up to 2 more years, if all parties agree to the extension;
(3) Individuals may be assigned to non-Federal organizations on detail or
leave without pay. Either way, they remain Federal employees and retain
all benefits of that status; and
(4) When assignments end, executives return to the positions they held before
their Intergovernmental Personnel Act assignments, or they may be
reassigned to positions of like pay and grade.
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b. Sabbaticals. A sabbatical is a temporary, 3- to 11-month assignment in which
executives temporarily leave their Senior Executive Service jobs to work outside
the Federal Government. Typically, Senior Executive Service members initiate
these assignments, as they are best able to determine their own developmental
needs and interests. The Office of Personnel Management is responsible for
overseeing the sabbatical authority. As key elements of executive development
programs, sabbaticals broaden professional skills, provide opportunities for
personal growth, enhance Senior Executive Service recruitment and retention
efforts, and help executives deal with stress. Sabbatical activities may include:
(1) Teaching, study, or research at a university;
(2) Study or research in a "think tank;"
(3) Work with a private sector, nonprofit organization, or State, local or
foreign governments; and
(4) Other activities such as bench research, invention, design, development of
a project, trouble-shooting or problem-solving, or writing.
While on sabbaticals, Senior Executive Service appointees occupy the position of record,
receive Senior Executive Service pay, earn leave, are charged for leave taken, and are
evaluated under the employing agency's Senior Executive Service performance appraisal
system.
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CHAPTER VI
REMOVAL BASED ON PERFORMANCE
1. OVERVIEW. Removal based on performance involves those career appointees who
have completed the 1-year probationary period in the Senior Executive Service and career
Senior Executive Service appointees who were not required to serve a probationary
period.
2. AUTHORITY. 5 Code of Federal Regulations Part 35, Subpart E. (Removal must be
based on final Senior Executive Service rating(s).)
3. GENERAL GUIDELINES AND PROCEDURES.
a. Removal may not occur within 120 calendar days of the appointment of a new
Secretary or the appointment of the most immediate non-career appointee in the
supervisory chain who has the authority to remove the executive.
b. An executive who receives a final rating of unsatisfactory cannot remain in the
same position. The Department must either place the executive:
(1) in a position outside the Senior Executive Service; or
(2) in another position in the Senior Executive Service for which he or she is
qualified.
c. Executives must be removed upon receipt of the following final ratings under the
Senior Executive Service performance appraisal system:
(1) two ratings of unsatisfactory within 5 consecutive years;
(2) two ratings of minimally satisfactory within 3 consecutive years; or
(3) one rating of unsatisfactory and one rating of minimally satisfactory within
3 consecutive years.
d. Secretarial Officer obtains written approval of the Executive Resources Board.
e. Secretarial Officer must provide executive with a written 30-day advance notice
before the effective date of removal from the Senior Executive Service. The
written removal notice, as a minimum, shall provide:
Section 8
(1) reasons for the removal;
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(2) right to guaranteed placement ("fall back") in a position outside the Senior
Executive Service;
(3) right to request an informal hearing before the Merit Systems Protection
Board at least 15 days before the effective date of the action;
(4) effective date of the action; and
(5) when eligible, the right to elect discontinued service retirement in lieu of
"fall back."
f. The Secretarial Officer requesting the removal action is responsible for arranging
placement. The executive must be placed in a position which is:
(1) at Grade 15 or above, or equivalent;
(2) a continuing position that will last at least 3 months;
(3) a position for which the executive meets qualification requirements; and
(4) equivalent in tenure to the appointment held at the time of entry into the
Senior Executive Service, if it was a career or career-conditional
appointment or equivalent tenure.
g. In the rare event that internal placement is not possible, the Secretarial Officer
may arrange a transfer to another agency, only when mutually acceptable to the
executive and the gaining agency.
h. Executives placed in non-Senior Executive Service positions for unacceptable
performance are entitled to be paid at the highest of:
(1) rate of basic pay for the position in which placed;
(2) current rate of basic pay in effect for the civil service position held
immediately before entry into the Senior Executive Service; or
(3) rate of basic pay held under the Senior Executive Service immediately
before removal.
i. Not appealable to the Merit Systems Protection Board. If requested, the executive
will be granted an informal hearing at least 15 days before the removal. Granting
or the conduct of an informal hearing does not delay the effective date of removal.
DOE G 3305.1 VII-1 (and VII-2)
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CHAPTER VII
WRITTEN REPRIMAND
1. DEFINITION. A written reprimand responds to offenses by an Senior Executive
Service executive that are not severe as to warrant suspension for 15 days or more or
removal from Federal Service. A reprimand is inappropriate for use in cases of poor
performances.
2. AUTHORITY. No statutory authority for issuing written reprimands. Senior Executive
Service suspension actions of 14 days or less are not authorized by statutory authority.
3. GENERAL GUIDELINES AND PROCEDURES.
a. The reprimand should be personally presented to the executive by the Secretarial
Officer signing the reprimand. The executive should be asked to sign for receipt
of the written reprimand.
b. The reprimand should include:
(1) reason for the reprimand including events leading to the reprimand;
(2) description of the impact of the behavior on the agency or program;
(3) amount of time for retaining the reprimand in the Official Personnel
Folder, i.e., one calendar year or until the executive leaves the Department;
and
(4) executive's rights and the procedures to grieve the reprimand.
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CHAPTER VIII
SUSPENSION TO REMOVAL
1. OVERVIEW. Actions typically denote intentional wrongdoing by the executive such as:
1) misconduct; 2) neglect of duty; 3) malfeasance; or 4) failure to accept a directed
reassignment or to accompany a position in a transfer of function. This applies to Career
Senior Executive Service appointees who have completed the Senior Executive Service
probationary period or who were not required to serve one, and certain limited appointees
in the Senior Executive Service.
Section 9
2. AUTHORITY. 5 United States Code 754-43 and 5 Code of Federal Regulations, part
752, subpart F. This authority covers suspensions for more than 14 days and removals
from the Senior Executive Service for disciplinary reasons. Removal means removal
from the Federal Service.
3. GENERAL GUIDELINES AND PROCEDURES.
a. Secretarial Officer obtains written approval of the proposed action by the
Executive Resources Board;
b. Executive must be provided a 30-day advance written notice with the following
information:
(1) nature and specific reasons for proposed action;
(2) right to review material used to support the charges;
(3) right to reply orally and in writing;
(4) right to representation; and
(5) exception, if warranted, to the 30-day notice period.
c. Notice of agency decision must be provided to the executive.
d. A 120-day moratorium is not applicable.
e. The executive is not entitled to guaranteed placement ("fall back").
f. The executive is not entitled to saved pay.
g. Suspension can be appealed to the Merit Systems Protection Board.
Introduction
References
Table of Contents
Reassignments
Reduction-In-Force
Discontinued Service Retirement
Details
Mobility Assignments
Removal Based on Performance
Written Reprimand
Suspension to Removal