3 FAM 4340
REPRIMAND
(CT:PER-1159; 10-18-2023)
(Office of Origin: GTM/ER/CSD)
3 FAM 4341 PROPOSING OFFICIAL
(CT:PER-951; 07-18-2019)
(Uniform State/USAID/USAGM/Foreign Service Corps, USDA/Commerce)
(Applies to Foreign Service Only)
The following individuals may propose to reprimand an employee:
|
Agency |
Proposing Official |
|
State |
Director, Office of Employee Relations or designee |
|
USAID |
Chief, Foreign Service Personnel Division (OHR/FSP) or Director of Human Capital (OIG/M/HC) (for OIG employees) |
|
USAGM |
Director of Human Resources (OHR) |
|
Agriculture |
FAS: First Line Supervisor; APHIS: Deputy Administrator, International Services (IS); Associate Deputy Administrator; Assistant Deputy Administrator; Regional Directors; Director, Operational Support; Area Directors; Supervisors of affected employees; Director, Human Resources; Chief, Employee and Management Relations |
|
Commerce |
Human Resources Manager, Office of Foreign Service |
3 FAM 4342 DECIDING OFFICIAL
(CT:PER-1159; 10-18-2023)
(Uniform State/USAID/USAGM/Foreign Service Corps, USDA/Commerce)
(Applies to Foreign Service Only)
a. For the Department of State, the Deputy Assistant Secretary (DAS), Bureau of Global Talent Management, who supervises the proposing official, normally makes the decision whether or not to sustain the proposed reprimand.
b. For USAID, the Director, Office of Human Resources (M/HR), or the Deputy Assistant Inspector General for Management (OIG/M) (for Office of Inspector General (OIG) employees) makes the decision whether or not to sustain the proposed reprimand.
c. For Department of Commerce, the Deputy Director General, U.S. and Foreign Commercial Service, makes the decision whether or not to sustain the proposed reprimand.
d. If the deciding official believes that there may be a conflict of interest, they may designate a different deciding official.
e. A deciding official described in section 3 FAM 4352 and 3 FAM 4362.2 may be a deciding official for a reprimand if they determine that a reprimand is appropriate as a lesser disciplinary action.
3 FAM 4343 PROPOSING REPRIMAND
(CT:PER-1159; 10-18-2023)
(Uniform State/USAID/USAGM/Foreign Service Corps, USDA/Commerce)
(Applies to Foreign Service Only)
If, after consideration of the report of inquiry or investigation and the factors specified in 3 FAM 4324.3, the proposing official decides to propose a reprimand, they must notify the employee in writing:
(1) Of the specific reasons for the proposal to reprimand;
(2) That if the proposed reprimand is sustained, the length of time the letter of reprimand will remain in the Official Performance File (OPF);
(3) That the employee may respond orally and/or in writing, and may submit written statements in support of that response;
(4) Of the name of the deciding official to whom the employee may respond;
(5) That the employee's response will be fully considered by the deciding official;
(6) That subject to 3 FAM 4325, the employee may have a representative of the employee’s choosing;
(7) Of any decision to exclude the employee from the work place during the notice period in accordance with 3 FAM 4323;
(8) That the employee must be granted a reasonable amount of official time to:
(a) Review only the material relied on in proposing the action; and
(b) Prepare a response to the notice;
(9) That the employee must acknowledge receipt of the notice of proposed reprimand as instructed in the notice; and
(10) That should the employee choose to designate a representative, such designation must be in writing.
3 FAM 4344 EMPLOYEE’S RESPONSE
(CT:PER-925; 09-24-2018)
(Reviewed and Revalidated)
(Uniform State/USAID/USAGM/Foreign Service Corps, USDA/Commerce)
(Applies to Foreign Service Only)
a. An employee whose official duty station is outside of the United States has 30 days from receipt of the proposal to reprimand, to respond in writing and/or orally to the deciding official.
b. An employee in the United States has 15 days from receipt of the proposal to reprimand to respond in writing and/or orally to the deciding official.
c. The employee may submit a written request for an extension of the response deadline. The deciding official will approve the request if it is reasonable.
3 FAM 4345 ACTION BY THE DECIDING OFFICIAL
(CT:PER-1159; 10-18-2023)
(Uniform State/USAID/USAGM/Foreign Service Corps, USDA/Commerce)
(Applies to Foreign Service Only)
a. After reviewing the proposal to reprimand and the employee's response, if any, the deciding official will decide to:
(1) Withdraw the charges and close the case; or
(2) Admonish the employee; or
(3) Reprimand the employee.
b. The deciding official will notify the employee, in writing, of the decision. If the decision is to reprimand, the letter of reprimand must:
(1) Identify the specific charges in the notice of proposed reprimand that have been sustained;
(2) Advise the employee that the record copy of the letter of reprimand will be made a part of the employee’s Official Performance File for a specific time period, which will be no less than 12 and no more than 24 months, subject to the conditions in 3 FAM 4345, paragraphs d and e; and
(3) Make specific reference to the employee's right to file a grievance under Chapter 11 of the Act and 3 FAM 4400. In that context, the employee must be advised that if the employee files a rebuttal to the discipline letter for insertion into the personnel record the agency may include a response to such rebuttal, including documenting those cases in which the board has reviewed and upheld the discipline.
c. The disposition of records relating to a reprimand will be as follows:
(1) The deciding official will forward:
(a) The record copy of the decision letter for inclusion in the Official Performance File; and
(b) The record on which the decision was based to:
|
Agency |
Office |
|
State |
Director, Office of Employee Relations (GTM/ER) |
|
USAID |
Chief, Foreign Service Personnel Division (OHR/FSP); Chief, Executive Management Staff (M/ER/EM); or Director of Human Capital (OIG/M/HC) (for OIG employees) |
|
USAGM |
Director of Human Resources (OHR) |
|
Agriculture |
Employee and Labor Relations Branch, Human Resources Division, Farm Service Agency |
|
Commerce |
Human Resources Manager, Office of Foreign Service Human Resources |
(2) The decision letter will not be placed in the employee's Official Performance File until 30 days from the receipt of the decision letter by the employee.
d. A letter of reprimand will remain in an employee’s file for a period of 1 year, or until the letter has been reviewed by one promotion or commissioning and tenure board, except that when a performance file is reviewed in the same cycle by more than one board (i.e., classwide and conal review), the letter must be reviewed by all applicable promotion boards.
e. The employee is advised to review their Official Personnel File in order to ensure timely removal of the decision letter.
3 FAM 4346 THROUGH 4349 UNASSIGNED