# Presentation: 252905

## Addressing Employee Misconduct

**Notes:**
What actions can the Agency take if an employee engages in behavior that threatens the security of the Location?  After the situation is under control, the Agency will next need to take action to ensure that the misconduct does not happen again.  This is an overview of the administrative process the Agency uses to address employee misconduct.

## Employee Relations Branch Responsibilities

**Help management set and enforce high standards of behavior and performance**
**Ensure employee rights are not violated**
**Assist management in exercising its delegated authority to take conduct and performance based **_**administrative**_** actions by conducting investigations, developing evidence, researching case law, representing the Agency before MSPB, Arbitrators, Grievance examiners**

**Notes:**
Please note that the ERB is involved in taking ADMINISTRATIVE action, not criminal action, against employees. If in the course of investigating misconduct criminal activity is suspected, OIG will be contacted and asked to investigate further.  If OIG is involved in investigating employee misconduct, the Agency will coordinate any proposed administrative action with the appropriate OIG office in order not to compromise their investigation.  With their approval, administrative action will proceed.  

## What Is Conduct?

**An employee’s behavior, bearing, and attitude as reflected in his or her observable actions**
**Measured against conduct rules, standards, instructions, and expectations**

## Examples of Unacceptable Behavior to Document for Disciplinary Action

**Engaging in or threatening to engage in violent conduct on Federal property**
**Carrying or possessing firearms or other dangerous or deadly weapons on Federal property**
**Improperly disposing of trash, damaging, or creating a hazard on Federal property**
**Loitering or disorderly conduct on Federal property**
**Gambling on Federal property**
**Operating a motor vehicle while under the influence on Federal property**

**Notes:**
Here is a short list of examples of misconduct relevant to behavior while on Federal property.  This is by no means a complete list of potential misconduct for which disciplinary action can be imposed.  Besides misconduct related to physical security of Federal facilities, other misconduct such as sexual harassment, fiscal irregularities, time and attendance issues, misuse of computers, credit cards, and other government resources also routinely crop up. 

## More Examples

**Soliciting, vending, collecting debts on Federal property**
**Posting and distributing materials inappropriately**
**Allowing dogs/other animals on Federal property**
**Failing to comply with traffic or other signals  and signs on Federal property**
**Carrying or possessing explosives on Federal property**

**Notes:**
Soliciting on Federal property is prohibited:  includes GS cookies, pizzas, AMWAY, Avon, etc.

## Tools for Remedying Conduct Problems

**Supervisory counseling, linking specific instances of misconduct to conduct standards or well-defined managerial expectations**
**Closer supervision and immediate feedback**
**Changes in working conditions**
**Clear oral or written warnings**
**Minor formal discipline:  Official reprimand**
**Significant formal discipline: Suspensions of 14 days or less**
**Major formal discipline: Suspensions of more than 14 days, demotions, or removals **

**Notes:**
It is important to remember, again, that even if the Agency takes administrative action against an employee, criminal charges can still be pursued.  Conversely, even if criminal charges are pursued, the Agency is not precluded from taking administrative action against an employee.

## Action Plan

**Gather the facts (witness statements, impact of misconduct, standards violated)**
**Determine nature of problem (conduct or performance)**
**Identify appropriate alternatives of action**
**Implement the action chosen**
**Evaluate and follow-up**

**Notes:**
Gathering the facts includes finding out who, what, when, where, how, why
Identifying the problem includes asking if the employee wouldn’t or couldn’t meet expectations
The appropriate course of action would generally be to impose the least amount of discipline necessary to correct the problem
Timely put in to place the action chosen
Monitor the employee for a sufficient length of time to determine whether the action was effective or whether more severe measures need to be implemented

## Why Remedial Actions Fail

**Lack of adequate and/or accurate documentation**
**Employee not clearly on notice as to supervisory expectations**
**Lack of effective or timely managerial follow through**
**Problem misidentified and/or inappropriate remedy applied**
**Disparity of treatment between employees**
**Violation of law, regulation, or policy**

**Notes:**
Lack:  evidence incomplete, “facts” incorrect
Employee not notified of expectations for conduct or performance
Lack of effective/timely managerial follow through:  manager threatens to take action but doesn’t
Problem misidentified:  infraction being treated as a performance issue when it really is a conduct issue
Supervisor is inconsistent in applying discipline
Action taken is contrary to law/regulation/policy.  For example, an employee charged AWOL even though he/she is entitled to leave under the FMLA

## The Secrets of Success

**Avoid arbitrary or capricious actions – consider each case on its own merits**
**Do your homework-know the rules**
**Reinforce improvement**
**For performance problems – document!**
**For conduct problems – document!**
**For alcohol, drug, medical problems – document!**