DOE O 3305.1, Presidential, Supergrade, and Schedule C Positions

7-31-81 PRESIDENTIAL, SUPERGRADE, AND SCHEDULE C POSITIONS 1. 2. 3. 4. PURPOSE. To provide policy and procedures for the management appointment, and removal of individuals in Presidential, Supergrade, and Schedule C positions. It does not apply to Senior Executive Service positions.. SCOPE. The provisions of this Order apply to all elements of the Departmental Energy, including the Federal Energy Regulatory Commission. POLICY. Supergrade and Schedule C positions are a resource of the Secretary of energy and the Chairman, Federal Energy Regulatory Commission, and shall be deployed in the best interests of the Department of Energy. Assignments shall fully comply with equal employment opportunity policy, and Departmental employees shall receive full consideration for appropriate positions. REFERENCES. a. Title 11 of Public Law 95-91, Department of Energy Organization Acts, authorizes Principal Officers, Assistant Secretaries, Administrators, General Counsel, Inspector General, Deputy Inspector General, and members of the Federal Energy Regulatory Commission to be appointed by the President by and with the advice and consent of the Senate. b. Public Law 95-619, National Energy Conservation Policy Act, authorizes a Director, Office of Minority Impact, to be appointed by the President by and with the advice and consent of the Senate. c. Public Law 96-294, Energy Security Act, authorizes a Director, Office of Alcohol Fuels, to be appointed by the President and with the advice and consent of the Senate. d. Part 930, Subpart B of Title 5, Code of Federal Regulations, provide for the appointment, pay, and removal of Administrative Law Judges. e. Public Law 95-563, Contract Disputes Act of 1978, provides for Board of Contract Appeals members to serve in the same manner as hearing examiners (also identified as Administrative Law Judges). f. Part 305 of Title 5, Code of Federal Regulations, provides for the Executive Assignment System including career, noncareer, and limited executive assignment appointments. g. Section 213.3301 of Title 5, Code of Federal Regulations, provides for noncompetitive appointment to positions of a confidential or policy- determining character. All Departmental Elements Office of Personnel Federal Energy Regulatory Commission 2 DOE 3305.1 7-31-81 h. Section 3392, Public Law 95-454, Civil Service Reform Act of 1978, provides that a career Senior Executive Service member may elect to retain his Senior Executive Service employment entitlements if he is appointed by the President by and with the advice and consent of the Senate to a civilian position in the executive branch. i. Part 752 of Title 5, Code of Federal Regulations, provides for the removal of individuals in the competitive service. j. Part 430 of Title 5, Code of Federal Regulations, provides for the establishment of performance appraisal systems. k. Part 451 of Title 5, Code of Federal Regulations, provides for incentive awards for Federal employees. 5. DEFINITIONS. a. b. c. d. e. Senior Executive Service Position. A position primarily responsible for supervising ordirecting the work of an organizational unit or otherwise significant policymaking functions; and classified above GS-15 of the General Schedule and compensated between GS-16 and Executive Level IV, except for Presidential appointments, Administrative Law Judge positions, Board of Contract Appeals positions excluded by definition under Public Law 95-454. Supergrade positions such as technical advisors, special assistants, and other positions which do not manage or supervise an organization or share such responsibility with the head of an organization are excluded from the Senior Executive Service.

Superqrade Position. Any position classified at grade 16, 17, or 18 of the General Schedule. Career Executive Assignment. An assignment in the competitive service to a supergrade position which does not meet the criteria for inclusion in the Senior Executive Service and which must be filled through merit staffing procedures conducted by the Executive Personnel Board (for the Department) or the Executive Resources Board (for the Federal Energy Regulatory Commission). Noncareer Executive Assignment. An assignment in the excepted service to a supergrade position which does not meet the criteria for inclusion in the Senior Executive Service and which is not subject to merit staffing pro- cedures. To qualify as a noncareer executive assigmnent, the position must be one whose incumbent will serve principally as a personal assistant to or advisor of a Presidential appointee or other key political figure. Limited Executive Assignment. An assignment to a supergrade position in the competitive service, not subject to merit staffing procedures, which is authorized when the need for the position is expected to be of short duration (less than 5 years) or when an urgent or unusual staffing need arises. DOE 3305.1 7-31-81 3 f. g. h. i. j. Administrative Law Judqe Position. A career absolute, supergrade position of a quasi-judicial nature. These positions are limited in number, and classification and qualification approvals are the responsibility of the Office of Personnel-Management. These positions are excluded by law from the Senior Executive Service. Board of Contract Appeals Position. The Contract Disputes Act of 1978 (Public Law 95-563) authorizes the formation of agency Boards of Contract Appeals and provides for the selection and appointment of members to these - boards to serve in the same manner as hearing examiners (also identified as Administrative Law Judges). These excepted supergrade positions are excluded from the Senior Executive Service and may be allocated by the Administrator, Office of Federal Procurement Policy, on the basis of relative workload. Schedule C Position. Positions excepted from the competitive service due to their close and confidential relationship to policymaking officials. These positions are normally found at grade GS-15 and below of the General Schedule. Presidential Appointments. Appointments made by the President with the advice and consent of the Senate to positions in which the incumbent serves at the pleasure of the President. Compensation for incumbents of these positions is in accordance with the Executive Schedule. Commission. All organizational elements of the Federal Energy Regulatory Commission. 6. RESPONSIBILITIES AND AUTHORITIES. a. b. c. Office of Personnel Management oversees the utilization of Departmental Schedule C and supergrade authorities and exercises final approval over: (1) Establishment and reestablishment of Schedule C positions. (2) Change to lower grade of Schedule C positions. (3) Allocation of supergrade spaces. Executive Personnel Board approves the utilization of supergrade spaces within the Department; serves as final approving authority for the Depart- ment on the selection of supergrade appointees and for subsequent reassignments, promotions, pay adjustments, etc., involving the incumbents of supergrade positions; and provides oversight for executive merit staffing functions, including the development of position qualifications and evaluation procedures.

Executive Resources Board provides oversight on merit staffing policies and procedures for the evaluation and selection of candidates for supergrade positions in the Federal Energy Regulatory Commission. 4 d. e. f. g. DOE 3305.1 7-31-81 Chairman, Federal Energy Regulatory Commission, approves the utilization of supergrade spaces within the Commission, and serves as final approving authority for the Commission on the selection of supergrade appointees and for subsequent reassignments, promotions, and pay adjustments involving the incumbents of supergrade positions. Responsibility may be delegated to the Executive Director. Director of Personnel assures that the policies and procedures exercised by the Department are in compliance with guidelines and regulations of the Office of Personnel Management. Executive Resources Management Division provides advice and staff support to the Executive Personnel Board and to the Executive Director of the Commission on all aspects of supergrade position management and administra- tive processing of personnel actions; and serves as final Departmental point of review on Schedule C cases. Heads of Departmental Elements and Commission Office Directors. (1) Recommend selection criteria to be used in evaluating candidates for supergrade positions, and recommend selections for all supergrade positions within their respective areas of responsibility. (2) Assure that supergrade and Schedule C spaces and the appointment and utilization of personnel in these spaces are in compliance with all applicable Departmental directives and regulations promulgated by the Office of Personnel Management. 7. PROCEDURES. a. Determining Need for and Allocation of Positions. (1) Supergrade Positions (excluding Board of Contract Appeals and Administrative Law Judge Positions). The Director of Personnel shall provide for a Departmentwide canvass during each even-numbered calendar year to identify the need for supergrade positions (along with the need for Senior Executive Service positions, for each of the 2 fiscal years beginning after such calendar year). (a) Department. The Director of Personnel shall obtain written justification from the heads of each Departmental element for any position requested above current allocations (as related to new Legislation or other basis of justifying increased needs) and shall submit same to the Executive Personnel Board for approval. (b) Commission. The Director of Personnel shall obtain written justification from the Executive Director for additional positions required by the Commission. (c) Office of Personnel Management Approval. A Departmental request DOE 3305.1 7-31-81 5 will be transmitted to the Office of Personnel Management for space allocation authorizations. (2) Schedule C Positions. Schedule C positions are requested by the department from the Office of Personnel Management on an ad hoc, as needed basis. (3) Board of Contract Appeals Positions. Pursuant to the Contract Disputes Act of 1978, the Secretary determines on the basis of a workload study the need for a Board of Contract Appeals of at least three members - who shall have no other inconsistent duties. Workload studies will be updated at least once every 3 years. In addition to allocations from the Office of Federal Procurement Policy, Departmental alloca- tions of supergrade positions outside the Senior Executive Service may be used to fill these positions.

(a) Justifications for additional positions and allocations must be submitted in writing to the Director, Executive Resources Management Division, and include: 1 Historical caseload data indicating an increase in cases, formal hearings, settlements or written opinions which necessitate an increase in staff; 2 Number of cases pending and estimated number to be docketed in the coming fiscal year; 3 Number of full-time members and additional number requested; and 4 Narrative summary. (b) The Director, Executive Resources Management Division, will review and formulate a recommendation for action by the Executive Personnel Board. (C) Requests approved by the Executive Personnel Board will be forwarded to the Administrator, Office of Federal Procurement Policy, for allocation of additional spaces. (4) Administrative Law Judge Positions. Although Administrative Law Judge. positions are normally allocated at the same time as other Departmental supergrades, ad hoc justifications for additional positions may be submitted for allocation by the Administrative Law Judge Office of the Office of Personnel Management. Such justifications must be approved by the Executive Director of the Commission and should be forwarded to the Director, Executive Resources Management Division, for case processing. b. Processing Personnel Actions. Each Departmental element desiring to fill or otherwise utilize the following positions shall submit their requests to the Director, Executive Resources Management Division. For the 6 DOE 3305.1 7-31-81 Commission, requests will be forwarded to the Executive Director prior to case submission to the Director, Executive Resources Management Division. (1) Presidential Appointees With Advice and Consent of Senate. (a) Appointment. These positions are excepted from competitive civil service procedures. When nominated by the President, confirmed by the Senate, and upon signing of the commission by the President and the Secretary of State, the Director, Executive Resources Management Division, will process payroll documents and establish the official personnel file. (b) Tenure. (1) The five members of the Federal Energy Regulatory Commission are appointed for a fixed term, not to exceed 4 years, and may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office. (2) All other Presidential appointees serve at the pleasure of the President. (c) Removal. All Presidential appointees will receive written advance notification of their removal. They have no appeal rights. (d) Performance Evaluation. Presidential appointees are excluded from the formal performance evaluation system; however, a career appointee in the Senior Executive Service who is appointed by the President, by and with the advice and consent of the Senate, may elect to remain under the performance evaluation provisions of the Senior Executive Service while serving as a Presidential appointee. Policies and procedures governing such an election are outlined in DOE 3430.2, SENIOR EXECUTIVE SERVICE PERFORMANCE APPRAISAL SYSTEM. (2) Career Executive Assignment. (a) Appointment to career executive assignment positions requires competitive merit staffing procedures. 1 Requesting organizations submit a “Request for Executive Personnel Action, “DOE F 3305.4 (see Attachment l), along with all necessary supporting material listed thereon.

2 The Director, Executive Resources Management Division, will arrange for the recruitment and evaluation of candidates and will prepare selection certificates. The Executive Resources Board will evaluate candidates for Commission vacancies. 7DOE 3305.1 7-31-81 2 (b) (c) (d) (e) 3 Tentative selection will be made by the Heads of Departmental Elements or Commission Office Directors, as appropriate. 4 Final approval for the Department will be made by the Executive Personnel Board; final approval for the Commission will be made by the Chairman. Position Changes. An incumbent of a career executive assignment may be reassigned to another career executive assignment position subject to the following procedures: 1 Requesting office submits a “Request for Executive Personnel Action,” DOE F 3305.4, along with all necessary supporting material listed thereon. The Director, Executive Resources Management Division, will determine classification and qualification propriety of the action. 3 Upon approval by the Executive Personnel Board or Chairman, Federal Energy Regulatory Commission, actions will be made effective by the Director, Executive Resources Management Division. Tenure. 1 Persons who do not possess competitive status and are appointed to a career executive assignment position pursuant to outside search procedures must serve a l-year probationary period during which the employee may be removed at any time for unacceptable performance or conduct. The supervisor shall issue a written notice which describes the probationer’s inadequacies of performance or conduct. The probationer may appeal to the Merit Systems Protection Board only on discrimination or improper procedure. 2 Persons who do not already have competitive status acquire competitive status upon completion of the probationary period. 3 Individuals completing 3 years of service acquire career tenure. . Removal. Career executive assignment employees may be removed for unacceptable performance or for such cause as will promote the efficiency of the service. Removal procedures are enumerated in Attachment 2. Performance Evaluation. Career executive assignment employees must have their performance evaluated and rated at least once a year in accordance with policies and procedures outlined in DOE 3430.3, DEPARTMENTAL PERFORMANCE APPRAISAL SYSTEM. 8 (3) Noncareer Executive Assignment. (a) (b) (c) (d) DOE 3305.1 7-31-81 from competitive civil Appointment, Position Changes. These positions are excepted service procedures. The requesting office will submit the documentation specified on page 7, paragraph 7b (2) (b), to the Director, Executive Resources Management Division, which has delegated authority from the Office of Personnel Management to approve the classification of the position and the candidate’s qualifications. In the Commission, the action must be approved by the Chairman prior to forwarding the case to the Executive Resources Management Division. In the Department, the Executive Personnel Board must give final approval before any personnel action may be effected. Tenure. Upon an individual’s appointment to a noncareer executive assignment position, the Office of Personnel will inform the appointee, in an official offer letter, that in order to remain in the position, he or she must continue to maintain the quali- fications and relationships that are required for the particular noncareer executive assignment. The individual may be removed at any time when the qualifications or relationships required for the assignment change or cease to exist. In addition, when the proposed appointee is serving under a contemporary appoint- ment in the competitive service, the excepted appointment may not be made effective until the employee has:

1 Been informed that acceptance of the proposed appointment in the excepted service will take him or her out of the competitive service while he or she occupies the position; and 2 Submitted a written statement that he or she understands that he or she voluntarily to service. Removal. Noncareer the Department will removal. They have is leaving the competitive service accept the appointment in the excepted executive assignment appointees removed from receive written advance notification of their no appeal rights. Performance Evaluation. Noncareer executive assignment appointees are not subject to the formal performance evaluation system. (4) Limited Executive Assignment. (a) Appointment. Limited executive assignment positions, although in the competitive service, are not subject to merit staffing procedures. The procedures on page 7, paragraph 7b(2)(b), are applicable for these appointments. DOE 3305.1 7-31-81 9 (b) Assignment Changes. The processing procedures on page 7, paragraph 7b(2)(b), are appropriate for any type of appointment change. 1 A limited executive assignment employee is not eligible for movement to another executive assignment during hiS or her period of service under a limited executive assignment (unless eligible for and placed under a new appointment to the position in question). 2 After completion of 5 years of continuous service, one of the following actions must be taken: a Convert the employee’s limited executive assignment to a career executive assignment in the same position and grade; b Give the employee a career executive assignment or noncareer executive assignment as appropriate in another position at the same or a lower grade (if qualification criteria is met); c Give the employee a career appointment to a continu- ing position in the competitive service at grade GS-15 or below for which qualified; or d Separate the employee. (c) (d) Tenure. An employee may serve a maximum of 5 years in an agency under one or more limited executive assignments. An employee with this appointment is in retention group III of the competi- tive service and would be released ahead of career and career conditional executives in a reduction-in-force. Competitive status and career tenure may be acquired only if the limited executive assignment is subsequently changed to another type of appointment that confers such status and tenure. Removal. An employee may be removed at any time from limited executive assignment upon determination, by the Executive Personnel Board or Chairman, Federal Energy Regulatory Commission, that the purpose of the assignment has been served or conditions warrant discontinuance of the assignment. The limited executive assignment employee is entitled to written notification in advance of removal but does not have appeal rights. (e) Performance Evaluation. Limited executive assignment employees must have their performance evaluated and rated at least once a year in accordance with policies and procedures outlined in DOE 3430.3, DEPARTMENTAL PERFORMANCE APPRAISAL SYSTEM. 10 DOE 3305.1 7-31-81 (5) Schedule C Positions. (a) Appointment, Position Changes. 1 Requests to establish or fill a Schedule C position or make any change to the incumbent or position must be submitted to the Director, Executive Resources Management Division. All submissions must include a “Request for Personnel Action,” DOE F 3300.2; position description with a DOE Form AD-772 cover sheet; an organizational chart reflecting the reporting level; and a position justification (in the case of a new position). For proposed new Schedule C appointees, the requesting office must obtain and submit an SF-171, “Personal Qualifications Statement,” and appro- priate conflict of interest and security forms for the person proposed for appointment.

2 The Director, Executive Resources Management Division, will review the submission; submit necessary paperwork to the office of Personnel Management, including requests for approval of new or downgraded positions; and process and effect the personnel actions. 3 Approved Schedule C positions are published in the Federal Register by the Office of Personnel Management upon their authorization. (b) Tenure. Schedule C employees will be informed in an official letter by the Office of Personnel that in order to remain in the position, he or she must continue to maintain the qualifications and relationships that are required for the particular Schedule C position. The individual may be removed at any time that these qualifications or relationships for the position cease to exist. (c) Removal. Schedule C employees will receive wirtten advance notification of their removal. They have no appeal rights. (d) Performance Evaluation. Schedule C employees must have their performance evaluated and rated at least once a year in accordance with policies and procedures outlined in DOE 3430.3, DEPARTMENTAL PERFORMANCE APPRAISAL SYSTEM. (6) Administrative Law Judge Positions. (a) Appointment. Requests for filling Administrative Law Judge positions require a DOE F 3300.2, “Request for Personnel Action,” position description with D0E Form AD-772 cover sheet, and a written justification if this request necessitates the establishment of a new position. 1 llDOE 3305.1 7-31-81 2 Requests are submitted through the Executive Director of the Commission to the Director, Executive Resources Manage- ment Division, reviewed and fowarded to the Office of Personnel Management for position approval (if new space is involved) and to obtain a certificate, as appropriate. 3 Persons serving in non-Administrative Law Judge positions may not be appointed to Administrative Law Judge positions, except by selection from a certificate of eligibles furnished by the office of Personnel Management from an open competitive register. Persons already serving in an Administrative Law Judge position may not be transferred from one agency to another sooner than 1 year after the person’s last contemporary competitive appointment, unless approval is obtained from the Office of Personnel Management. (b) Tenure. The requirement of a probationary and career-conditional period before absolute appointment is nonapplicable. (c) Removal. An Administrative Law Judge may not be removed except for "good cause,” established and determined by the Merit Systems Protection Board, after an opportunity for a hearing and on the record thereof. 1 2 The Chairman, Federal Energy Regulatory Commission, shall file a letter of charges (original and four copies) with the Merit Systems Protection Board setting forth specifically and in detail the reasons that are alleged to constitute good cause for the removal of the Administrative Law Judge. The Merit Systems Protection Board will serve a copy of the letter of charges on the Administrative Law Judge by registered mail. The Administrative Law Judge may contest the proceedings by filing an answer (original and four copies) to the Merit Systems Protection Board within 15 calendar days of the service of the copy of the letter of charges and may request a formal hearing before the Merit Systems Protection Board. 3 4 The Merit Systems Protection Board shall consider the entire record and issue a final decision based on the weight of the evidence.

The Executive Resources Management Division will effect the5 decision not later than 10 calendar days after receipt thereof. (d) Performance Evaluation. Administrative Law Judges are not sub- ject to any performance evaluation system. 12 DOE 3305.1 7-131-81 (7) Board of Contract Appeals Positions. (a) (b) (c) (d) Appointment. 1 Requests for filling Board of Contract Appeals positions require a DOE F 3300.2, “Request for Personnel Action,” position description with DOE Form AD-772 cover sheet, “Request for Executive Personnel Action,” and a written justification if a new space is required. Page 5, paragraph 7a(3)(a), specifies justification requirements. 2 The requesting office will submit necessary paperwork to the Director, Executive Resources Management Division, for review and, if necessary, the recruitment of candidates for selection. (Because Board of Contract Appeals positions are excepted, competitive staffing procedures are not required.) 3 The Director, Executive Resources Management Division, will forward the case for Executive Personnel Board approval, request any necessary space allocation, and effect the Executive Personnel Board decision upon receipt of such allocation approval. Tenure. Board of Contract Appeals positions are under the excepted service and as such do not acquire competitive status. Pursuant to Public Law 95-563, Board of Contract Appeals members serve in the same manner as hearing examiners (Administrative Law Judges). Removal. Board of Contract Appeals members have excepted appoint- ments, removal procedures follow those for Administrative Law Judge positions. Page 11, paragraph 7b(6)(c), Provides removal procedures for Board of Contract Appeals members, except that a letter of charges shall be filed by the Secretary. Performance Evaluation. Board of Contract Appeals members are not subject to any performance evaluation system. 8. EMPLOYEE BENEFITS. a. Incentive Awards. Eligibility for incentive awards is outlined in Attachment 3. b. Pay. Unless otherwise specified in appointment conditions, the statutory pay system applicable for Presidential appointments is the Executive Schedule (divided into five pay levels) and the pay system applicable for supergrade and Schedule C employees is the General Schedule (divided into 18 pay levels). Pay levels are approved by Congress and prescribed by Executive order of the President. The rate of basic pay for General Schedule employees is limited by section 5308 of title 5, United States Code, to the rate for Level V of the Executive Schedule. DOE 3305.1 13 (and 14) 7-31-81 c. Retirement. Presidential appointees, supergrades, and Schedule C employees are under the civil service retirement system by nature of their non- temporary appointment status. Employees under the civil service retirement system for at least 1 year within the 2-year period immediately preceding an involuntary separation are eligible for discontinued service retirement if the removal (or resignation in lieu thereof) was for other than misconduct or delinquency and if they meet either of the minimum age or service requirements: (1) Attainment of age 50 and completion of 20 years of creditable service, including 5 years of civilian service, or (2) Regardless of age, completion of 25 years of creditable service, including 5 years of civilian service. d. Other. Employee privileges and benefits not specifically cited in this Order are the same as for any other contemporary, non-Senior Executive Service position in the Department of Energy, and Departmental subject- matter directives are applicable.

William S. Heffelfinger Assistant Secretary Management and Administration . . . . . . $ OOEPW4 (10+0) Rmul L N9umofAcom ~“ membiaf-~ n -mtmofdlma oMolmhPoubn U Other @@mnL Iv PomonstBttmPfOoo90d : Compotltlvc EEnc8Ptd “s-v ~ ~ 16 us. oePAal’MsNT OFSNeaciv T FOR ~CUTIW f%~fW~L ACTION hwoofAmdwIuu ~“ - carafEummwo&a@wnmt Noncama Encutnm kmenmmt Llmitod EMcutMAnlenmm NTE Schoduk A Smntific and TcctwwcaI Otha Ksdan)” b 1- nocrummt Rmammammsfef Oaml NTE smonlaunovd = ‘&Nkment Defense Programs t- ~1 PomttonNumbof DEOT 999 VI Numbof of E80cunw ~ Auttwud SES I ottw NtJmeorof E8uutwo~ 0nboore6CoMmntod = SES ._n_ Ottwf “w sd0Ca8 John Jones l-l NM Commtltlw status CurrentWUrJm z Yos IT*? 3N0 1* 0r$mu9tlow Cufronts@uY IOmlc91 ES._ @’umonBmfunl Gs_ stoo_ PoDmon Nunlbof oasd@a*Adluswmt — W EffortsTaken m AffirmMIvo Acmon Wn mdtww shoresM IWWSU@ m~~~ma - o~a!amw-w-~ ~ lx Sqfwtum aauatmg O’tflcol ~tit &BCUBC AS~?ktant Secretsry (DP ) I 0m8 ~w Date “00W c- -muw ml-f Wwfw . w’ Attachment 1 Page 2 DOE 3305.1 7-3i-81 AlTAWM8W1’8 Q~OUIREo A. As Ms ~ fhfqm @aqum * #aMfuul m WE-WEIO.2 (Fwffwfy OGE F@fmAD-m ●u@ruw8slmffwv mdJud-f- Oix! 0. Ractulffmm AeftOm ●mfot’’A’”@tJs . Organlmtlm Ctwt and Staffing fw&mmOfl ● Funa!On@St$tefwws ● ob@f*8txw s-as ●d Eb+dumim?Jek3tsb PeWtim ● POMW Daacr@w ●nd Covet Stuat DOE Form AD-772 c.NoWamwandMmbd~~ ~ Ss,lmtufata: anduoonwmatrva“ adamon of S*S Utaal Awomtaa - aa$a= -=8- ‘ ● ● ● ● ● ● ● FQfm fof “’A” and ““8””plus Paraonu Ouailtfiationa Statamant, SF.171 Cmdidm Pmfda CmdIO$tCJuat4iOatton Exocutiva ltnmtory Racotd, SF-161, of Sxacufwa Wtvontoq R-d Continuatii Sham, SF-161A (to @data SF-161 ahadv on fiil ConffIctof Intafaat DoEFOWIIGC40 “Wow of pfIot EWJIOWIW WWWI fof WISEs •mn~mnt$ Unw on fta WIf~Gc I and SS.278 “Ex8cufwa Paf$onnaI Fmmcol DIacioswe Reoorl” Ir8QuIred for astmy tncrosse moot mss?gnme~”s Wit* cnang~ m SUPWISOf) anc to?mmci SES a~nwnants ! SeCuntvFWns !* Chm WOW) !. DOE 3305.1 7-31-81 Attachment 2 Page 1 (and 2) IMMEDIATE 1. SUPERVISOR 2. CONSIDERS 3. IMMEDIATE SUPERVISOR PROPOSES EMPLOYEE ANSWERS DECIDING OFFICIAL DECIDES PERSONNEL PREPARES ACTION EMPLOYEE APPEALS 1. 2. 1. 2. 3. 4. 1. 2. PROCEDURAL REQUIREMENTS FOR REMOVAL ACTIONS FOR COMPETITIVE STATUS SUPERGRADES Decide to initiate removal action. Collect facts and evidence for the file. Consult with the Executive Resources Management Division. Issue letter of proposed action which advises the employee - of at least 30 calendar days notice of removal for such cause as will promote the efficiency of the service, 10 calendar days to reply orally and in writing, the right of representation by an attorney or other representative and that a written decision will be issued at the earliest practicable date. The letter also advises that consideration will be given to extending the time limit for oral and written reply if the employee requests an extension along with the reasons for the request. Review the material in support of proposed action (with or without representative). Answer letter orally or in writing within 10 calendar days after receipt of proposed notice. May have a third party official review the proposed action if he or she believes it necessary. Review the evidence and the employee’s reply. Issue a letter of decision. Ensure that a DOE F 3305.4 is prepared and sent with appropriate attachments to the Executive Resources Management Division, if action is to be taken.

Insure that an SF-50 is sooner than 30 calendar the letter of proposal. prepared to effect the adverse action no days from employee’s receipt of Appeals to the Merit Systems Protection Board must be submitted no later than 15 calendar days from the effective date of the action. The Merit Systems Protection Board issues a decision. .- ( 4 -----. -1 ( E14PLOYCE ELIGIBILITY FOR Presidential Category of Recognition (other Employee than-SES Ranks) ( Administrative No No Law Judges Board of No No Contract Appeal Supergrades INCENTIVE AWARIIS Invention or Special Carerr Suggestion Achievement Service Awards Awards Emhl em Executivcz GS-16, Yes 17, 18 Presidential No Appointees Schedule C Yes Yes Yes Yes 1 No 1 No Yes 2 Yes Yes Yes Yes Yes Yes Yes 1. If for heroic act or other non-performance related-factor a special achievement award for a special act or service may be granted. 2. A Presidential appointee who accepts his or her appointment following a career SES appoint- ‘ ment may elect to continue eligibility for SES performance award and Presidential rank benefits. A special achievement award is appropriate for recognition of superior performance achievements of Presidential appointees not eligible for SM awards.