CONDUCT AND

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• CONDUCT AND
• PERFORMANCE ISSUES
• James Reno
• LER Specialist

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PERFORMANCE BASED ACTIONS
PERFORMANCE OR CONDUCT
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PERFORMANCE OR CONDUCT

• Evaluate the Issue
• Conduct vs. Performance
• Conduct LER for Assistance
• Conduct Counseling, Warning or Discipline
• Performance PAP, PIP

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CONDUCT ACTIONS5 USC Chapter 75

• EMPLOYEE
• WILL NOT
• PERFORM THE
• JOB THAT
• HE/SHE IS
• OFFICIALLY
• HIRED
• TO DO.

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CONDUCT CHARGES

• Travel/Credit Card Charges
• Attendance
• Misuse of Government Equipment
• Failure to Follow Instructions/Insubordination
• Negligent Performance of Duties
• Offensive Conduct

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Disciplinary Procedures

• Pre-Disciplinary Letters of Caution/Concern/Lv
  Restriction
• Letters of Warning
• Official Letter of Reprimand
• Suspensions lt14 Days
• Suspensions gt14 Days
• Removal

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A Discipline Case

• Performance vs. Conduct

Performance Issue
Conduct /TA
Discipline
Alternative Discipline Agreement
Administrative Actions
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PERFORMANCE ACTIONS5 USC 4303

• EMPLOYEE
• CAN NOT
• PERFORM THE
• JOB THAT
• HE/SHE IS
• OFFICIALLY
• HIRED
• TO DO.

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WHY ADDRESS PERFORMANCE ISSUES

• Employee performance is critical to the Agencys
  Mission.
• Failing to Address Performance sends the wrong
  message to other employees.
• Poor Performance almost always gets worse.
• Taking action usually leads to a more productive
  work environment.

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Why Managers dont deal with Poor Performing
Employees

• Time and Effort
• Past Performance Tolerated
• Conflict Issues
• Lack of Support

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PERFORMANCE ISSUES

• When?
• Address a Problem Early-Dont Wait for a Crisis
• On-Going Feedback
• Mid-Year Evaluation
• Annual Appraisal

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DOCUMENTING POOR PERFORMANCE

• Record Specific Examples of Poor Performance.
• Record Assignments and Completion Results/Dates.
• Analyze Performance Results with Standards
• Document all Meetings, Discussions and Counseling
  Sessions.

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First Steps in a Performance Based Action

• Review the Position Description
• Analyze the Plan
• Evaluate the CJEs
• Carefully review the Performance
  Standards-minimum of 90 days

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Issuing a PAP

• Arrange a Meeting to Discuss the Issue.
• Rate the Employees Performance in at least one
  CJE as Minimally Satisfactory.
• Provide an Interim Rating of MS to the Employee
  using the PARS Performance Plan.
• Coordinate PAP w/LER

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Performance Assistance Plan(PAP)

• A Performance Assistance Plan (PAP) must be
  provided to a bargaining unit employee as soon as
  his/her performance falls from Fully Successful
  to Minimally Successful. (page 26, PARS Training
  Manual, also required by Article 34, AFGE MCBA-pg
  20.)

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Assistance Efforts

• Formal Training/Classes
• OJT
• Counseling
• Mentor/Peer Assistance
• Other Assistance

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Performance Assistance Plan

• Informal Opportunity to Improve Performance to
  the FS level.
• Must be at least 45 days long
• Must be a collaborative effort with the employee
• (Supervisors option to include the Union.)

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PAP Requirements

• Requirements to Demonstrate FS Performance.
• Timelines/Milestones/Results
• Regularly Scheduled Progress Meetings
• AFGE MCBA (No PAPS after December 15.)

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PERFORMANCE IMPROVEMENT PLAN(PIP)

• Required when an Employees Performance falls to
  the Unsatisfactory Level.
• A Formal Opportunity Period to Improve
  Performance to the FS Level. (5 U.S.C. 4302(b)(6)

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PERFORMANCE IMPROVEMENT PLAN

• Includes the CJE and standards for which the
  employees performance is deficient.
• Documents performance deficiencies failure to
  meet the standards.

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Performance Improvement Plan

• Schedule of periodic performance reviews with
  scheduled dates.
• List of Assignments with due dates or completion
  dates.

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Performance Improvement Plan

• The PIP must provide the employee notice that
  failure to improve to the Fully Successful level
  may result in a reduction in grade, reassignment
  or removal.

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PERFORMANCE IMPROVEMENT PERIOD

• A PIP Must have an established start and end date
  of at least 60 days and must be presented within
  15 working days after the employee is informed of
  the Unsatisfactory rating

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PERFORMANCE IMPROVEMENT PLAN

• If the employees performance remains
  Unsatisfactory, the supervisor will consider the
  following performance based actions

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PERFORMANCE IMPROVEMENT PLAN

• Reassign the employee to a different position at
  the same grade.
• Propose a demotion to a lower grade.
• Propose removal from Federal Service.

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PERFORMANCE ACTIONS

• Requirements
• A 30-day advance notice of a proposed adverse
  action.
• A representative.
• A 20-day notice period to answer orally and/or in
  writing to the proposed adverse action.
• A reasonable amount of time to prepare an answer

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PERFORMANCE ACTIONS

• Appeal Rights
• Negotiated Grievance Procedure
• MSPB Appeal
• EEO Complaint
• (Only one process allowed.)

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A Performance Case

• A Performance Based Removal

Performance PAP/PIP
VIWP/Conduct
Performance Based Removal (432)
Grievance Negotiations
Reasonable Accommodation
Workplace Violence
Discontinued Service
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PREVENTING POOR PERFORMANCE

• Communicate your Expectations-PARS Plan
• Provide Regular Feedback
• Recognize and Reward Performance
• Hold Employees Accountable for Results

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KEYS TO A SUCCESSFUL PERFORMANCE MANAGEMENT
PROGRAM

• COMMUNICATION
• FEEDBACK
• ACCOUNTABILITY
• RESULTS