NOTE: WHEN THIS ORDER IS REVISED IT WILL BE CLASSIFIED IN THE 2140 SUBJECT CLASSIFICATION CODE.

ATF O 2750.1C JUL 11 1989 ADVERSE ACTION AND DISCIPLINE FOREWORD TO: All Bureau Supervisors 1. 2 3. 4 PURPOSE. This order establishes rules concerning disciplinary and adverse action procedures for the Bureau of Alcohol, Tobacco and Firearms. CANCELLATION. ATF O 2750.1B, Adverse Action and Discipline, dated July 30. 1984, is hereby canceled. BARGAINING UNIT EMPLOYEES. Bargaining unit, employees will be covered by the appropriate contract provisions of the ATF/NTEU Agreement. EXPLANATION OF CHANGES. This order has been revised to reflect the centralization of personnel management operations in the Headquarters Personnel Division. Chapter E, Removal of Probationary Employees, has been revised to reflect current laws and regulations. In addition, a new Chapter F, Removals of Schedule A Employees, has been added.

Director

TABLE OF CONTENTS Page CHAPTER A GENERAL PROVISIONS 1. Purpose 2. Responsibility 3. Applicability 4. Definitions 5. General Exclusions 6. General Standards 7. Bureau Records 8 - 10 Reserved CHAPTER B ADVERSE ACTIONS: REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN GRADE OR PAY, AND FURLOUGHS FOR 30 DAYS OR LESS 11. Authorities 12. Coverage 13. Procedures 14. Right to Appeal 15. Reversals of Adverse Actions 16 - 20 Reserved CHAPTER C. COMPLIANCE WITH APPELLATE DECISIONS 21. MSPB Decisions 22. Stay of Corrective Action 23. Action Precluding a Petition to MSPB 24. Filing of Petitions 25. Criteria for Petitions to MSPB 26 - 30 Reserved 19 19 19 19 20 7 7 7 16 16 1 1 1 1 2 4 5

CHAPTER D DISCIPLINARY ACTIONS: ADMONISHMENTS, REPRIMANDS, AND SUSPENSIONS FOR 14 DAYS OR LESS 31. Authorities 32. Coverage 33. Reprimands/Admonishments 34. Suspensions for 14 Days or Less 35. Right to File a Grievance 36 - 40 Reserved 21 21 21 22 25

CHAPTER E REMOVALS OF PROBATIONARY EMPLOYEES 41. 42. 43. 44. 45 Action During Probationary Period 26 Termination of Probationers for Unsatisfactory Performance or Conduct 26 Termination of Probationers for Conditions Arising Before Appointments 26 Appeal Rights to MSPB 27 50 Reserved

CHAPTER F. REMOVALS OF SCHEDULE A EMPLOYEES 51. Termination of Schedule A Employees who are Preference Eligibles 52. Termination of Schedule A Employees who are Non-Preference Eligibles 53 -58 Reserved EXHIBITS 1. 2. 3. 4 5. 6. 7 8 9 10, 11. 12. Examples of Reasons Upon Which to Base Adverse or Disciplinary Actions Douglas Factors Sample Notice of Proposed Adverse Action (Removal, Demotion, Suspension of More Than 14 Days) Sample Notice of Decision on Adverse Action (Removal, Demotion, Suspension of More Than 14 Days) Sample Reprimand Sample Notice of Proposed Disciplinary Action (Suspension of 14 Days or Less) Sample Notice of Decision on Disciplinary Action (Suspension of 14 Days or Less) Sample Notice of Removal of Probationary Employee (Conduct or Performance Reasons During Employment) Sample Notice of Proposed Removal of Probationary Employee (Conditions Arising Before Appointment) Sample Notice of Decision to Remove Probationary Employee (Conditions Arising Before Appointment) Sample Notice of Removal of Schedule A Employee Sample Designation of Representative

28 28

CHAPTER A. GENERAL PROVISIONS 1 PURPOSE, This order sets forth Bureau instructions in compliance with chapter 75 of title 5, United States Code; part 752 of title 5 of the Code of Federal Regulations; chapter 752 of the Federal Personnel Manual; and chapter 752 of the Treasury Personnel Management Manual. RESPONSIBILITY. a. The Chief, Personnel Division, is responsible for the development, interpretation, review, and evaluation of the Bureau's adverse and disciplinary action procedures. The Chief, Employee and Labor Relations Branch, is responsible for implementing these instructions, providing advice and assistance on these instructions Bureau-wide, and monitoring all adverse and disciplinary actions proposed and taken under these procedures.

APPLICABILITY. This order applies to disciplinary actions: admonishments, reprimands, and suspensions for 14 days or less; and adverse actions: furloughs for less than 30 days, suspensions for more than 14 days, reductions in grade or pay, and removals. DEFINITIONS a. b. Administrative Judge. The representative of the Merit Systems Protection Board (MSPB) who conducts hearings on employee appeals Appeal. A written request by an employee or former employee for a review of a decision implementing an adverse action against him/her. Bureau The Bureau of Alcohol Tobacco and Firearms Days. Calendar days Deciding Official. The management official authorized to consider the reply of the employee against whom disciplinary or adverse action is proposed, and to sign the notice of decision. Department The Department of the Treasury Employee. An employee of the Bureau who is covered by chapters B and D of this order. Employee also includes a former employee in the case of a timely appeal from adverse action. Merit Systems Protection Board (MSPB). The agency charged with administering a unified appeals system within the Executive Branch The Board exercises two types of jurisdiction, original and appellate. Notice of Decision, A written notice to an employee against whom disciplinary or adverse action was proposed, informing him/her of management's decision on the action, Notice of Proposed Disciplinary or Adverse Action A written notice to an employee proposing disciplinary or adverse action against him/tier, for reasons that are stated in the notice.

4.

c. d. e.

f. g.

h.

i.

j.

k.

Official (Management Official) For the purposes of this order management official is a person delegated tile authority to perform the duties of a position. (i.e., division chiefs etc.) within the Bureau. Oral Reply or Personal Reply. The verbal reply of an employee against whom disciplinary or adverse action is proposed. Proposing Official. The individual who proposes an adverse or Disciplinary action. Written Reply. The written response of an employee against whom disciplinary or adverse action is proposed. Employees. The employees covered by this order are shown in chapters B and D. In no case, however, does any of this order apply to: (1) (2) A reemployed annuitant An employee occupying a competitive position under a temporary appointment with definite time limitation. An employee currently serving a probationary or trial period (See chapter E for exceptions.) An employee in the excepted service who is not a preference eligible employee, except with competitive status occupying a Schedule B position, as defined in 5 C.F.R. 213.3201, under a nontemporary appointment. An employee serving under a term appointment on expiration of his/her appointment. An employee who has not completed 1 year of current continuous employment and is serving under a special tenure appointment or a TAPER appointment. An employee serving under limited executive assignment

l. m. n. 5.

GENERAL EXCLUSIONS a.

(3)

(4)

(5)

(6)

(7) b.

Adverse Actions. The adverse actions covered by this order are shown in chapter B, The disciplinary actions covered by this order shown in chapter D. In no case however, does any of this order apply to: (1) (2) A decision of OPM under 5 C.F.R. 731 and/or 754 An action taken by the Department or the Bureau pursuant to instructions from OPM. A reduction-in-force action taken under 5 C.F.R. 351 An action taken under 5 U.S.C. 7432, or any other statute which authorizes an agency to take an action covered by chapters B, D. E or F of this order without regard to 5 U.S.C chapter 75 or any other statute.

(3) (4)

(5)

An action terminating a temporary promotion within a maximum period of 2 years and returning the employee to the position from which he/she was temporarily promoted or reassigning or demoting him/her to a different position from which he/she was temporarily promoted, that is not at a lower grade or level from the position from which he/she was temporarily promoted. An action terminating a term promotion at the completion of the specified period or project, or at the end of a rotational assignment in excess of 2 years but not more than 5 years, and returning the employee to the same or different position of equivalent grade and pay, if the agency informed the employee that it was to be of limited duration. An action which entitles an employee to grade retention under 5 C.F.R. 536, and an action to terminate this entitlement. A voluntary action initiated by an employee Involuntary retirement because of disability under 5 C.F.R. 831. Termination of appointment on the expiration date specified as a basic condition of employment at the time the appointment was made. The placement of an employee serving on an intermittent, part-time, or seasonal basis in a nonduty, nonpay status in accordance with conditions established at the time of appointment. A reduction in grade of a supervisor or manager who has not completed the 1-year supervisory probation period, if the grade to which reduced is the same as that held immediately before becoming a supervisor or manager. A reduction in grade or removal for performance reasons taken under 5 U.S.C. 4303. An action ordered by the MSPB. Reduction of an employee's rate of basic pay from a rate that is contrary to law or regulation.

(6)

(7)

(8) (9) (10)

(11)

(12)

(13)

(14) (15)

6. GENERAL STANDARDS. a. In those cases where counseling has proved ineffective, disciplinary action, where possible, shall be utilized as an avenue toward employee rehabilitation. To this end, the Bureau subscribes to the concept of progressive discipline, where warranted. This involves the use of oral admonishments, written reprimands, and disciplinary suspensions prior to discharge in those instances where employee misconduct and/or work performance is not of such a significantly grave nature as to justify immediate removal. The objective in progressive discipline is to encourage the employee to meet the minimum standards of conduct and/or work performance established by the Bureau. Because many employee offenses would not warrant removal based on the employee's

initial infraction, this concept provides an alternative means of attempting to reclaim the employee for productive employment. Should disciplinary penalties less severe than discharge fail to bring the employee's conduct and/or work performance to an acceptable level, removal may then be justified based on the employee's unresponsiveness to the prior disciplinary action(s). However, removal is not precluded for a first offense. b. The Bureau will not take an adverse or disciplinary action against an employee covered by this order except for such cause as will promote the efficiency of the service. Examples of reasons that constitute "such cause as will promote the efficiency of the service" are delineated in 5 C.F.R. 731.202(2)(b). (See Exhibit 1, Examples of Reasons Upon Which to Base Adverse or Disciplinary Actions.) These reasons may be based on pre-appointment factors as well as post-appointment factors. In its decision in Douglas v. Veterans Administration, the MSPB concluded that it authority to mitigate penalties if agency-imposed penalties are 'excessive, arbitrary. capricious, unreasonable, or disproportionate to the sustained charges. The MSPB listed factors the agency must consider when deciding upon a penalty. These are referred to as the Douglas Factors. It is the Bureau's policy that penalties in adverse actions shall match the offenses and that the Douglas Factors shall be considered in arriving at penalties. (The Douglas Factors are attached at Exhibit 2.) Except when required by statute, an adverse action may not be taken against an employee covered by this order because of marital status or for partisan political reasons. An adverse action may not be taken against an employee because of their race, color, religion, sex, national origin, age or handicapping condition with respect to any position the duties of which may be efficiently performed by a person with the handicap.

c.

d.

e.

7.

BUREAU RECORDS a. A record of the following shall be maintained by the Employee and Labor Relations Branch, Personnel Division. (1) (2) (3) (4) b. The notice of proposed action The answer of the employee if written, and/or a summary thereof if made orally. The notice of decision and reasons therefor Any order effecting the action, together with any supporting material.

The material listed above shall be furnished to MSPB upon its request and to the employee affected upon the employee's request

8 - 10 RESERVED

CHAPTER B. ADVERSE ACTIONS - REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS. REDUCTION IN GRADE OR PAY, AND FURLOUGHS FOR 30 DAYS OR LESS 11. 12. AUTHORITIES. The authorities for proposing and deciding adverse actions are set forth in ATF O 1100.114C, Delegation Order -Adverse Action and Discipline, dated October 9, 1985. COVERAGE. a. Employees Covered. This chapter applies to: (1) Any career, career-conditional, overseas-limited, indefinite, or term employee, or any employee serving under a career executive assignment, in a competitive position who is not serving a probationary or trial period. Any employee serving in a competitive position who has completed I year of current continuous employment except one serving under a temporary appointment with a definite time limitation or a limited-executive appointment. An employee who occupies a professional and administrative career (PAC) position in Schedule B of 5 U.S.C. 213, provided that the employee has completed a trial period of 1 year after initial appointment in such a position. Any preference-eligible employee who has completed 1 year of current continuous employment in a position outside the competitive service. A removal A suspension for more than 14 days A reduction in grade or pay, including a reduction in grade because of a position classification decision after the position had been classified at the higher grade for less than 1 year. A furlough of 30 days or less

(2)

(3)

(4) b.

Adverse Actions Covered. This chapter applies to: (1) (2) (3)

(4) c. 13

Exclusions. This chapter does not apply to an employee or adverse action excluded by paragraph 5. Notice of Proposed Adverse Action (1) Notices of proposed adverse action shall be prepared by the proposing officials in accordance with the procedures in this order and with the example provided in exhibit 3. Prior to the issuance of a notice of proposed adverse action, the proposal notice and copies of all materials upon which the proposal is based shall be submitted to the Chief, Employee and Labor Relations Branch, for technical review to determine the adequacy of the record and to ensure uniformity of proposals. The Chief, Employee and Labor Relations Branch, shall forward the notice of proposed adverse action to the Office of the Chief Counsel to be reviewed for legal sufficiency.

PROCEDURES. a.

(2)

(3)

(4)

Except as provided in c and e below, an employee against whom adverse action is proposed is entitled to at least 30 full days advance written notice stating any and all reasons, specifically and in detail, for the proposed action. A copy of the material relied upon to support the adverse action will be furnished to the employee along with the notice. If information from an investigation report issued by the Office of Internal Affairs is used as a basis to support the adverse action, the entire report or the pertinent sections therein are to be duplicated and furnished to the employee with the proposal notice. Material which cannot be disclosed to the employee or to his/her physician under the regulations listed under 5 C.F.R. 294.401 may not be used by the Bureau to support the reasons for an adverse action.

(5)

(6)

b.

Employee's Answer. (1) Except as provided in c and e below, an employee is entitled to a reasonable time for answering a notice of proposed adverse action and for furnishing affidavits in support of his/her answer. The time allowed depends upon the facts and circumstances of the case, and shall be sufficient to afford the employee ample opportunity to review the material relied upon by the Bureau to support the reasons in the notice, to prepare an answer, and to secure affidavits. (Normally 15 days, but not less than 7 days, will be given.) The employee shall be provided a reasonable amount of official time for these purposes if he/she is otherwise in an active duty status. The reply period described in (1) above may be extended at the request of the employee when he/she demonstrates to the satisfaction of the deciding official that good and sufficient reasons exist for the extension. A request for an extension of the reply period shall be in writing, shall state the reasons for the request, and shall be delivered to the official who will render the decision prior to the date on which the reply is due. The employee is entitled to answer the proposal orally and/or in writing. (a) When an employee chooses to answer orally, he/she shall be given a reasonable opportunity to make any presentation which he/she believes might influence the final decision of his/her case. However, the employee does not have the right to a trial or formal hearing with examination of witnesses. The oral reply is for the express purpose of allowing the employee to present anything the employee deems significant with regard to mitigation or extenuation. This could include anything from impact on the employee's family to the employee's frank opinion of his/her supervisor. The employee and/or representative is allowed to present the oral reply freely. Accordingly. to preclude any chilling effect on a free exchange, the oral reply will not be recorded verbatim using a tape recorder or any other means.

(2)

(3)

(b)

If the employee wishes the Bureau to consider as a mitigating circumstance any medical condition which may have contributed to his/her conduct problem, he/she shall supply such documentation within the time limit al lowed for the oral/written response to the proposed action. The medical documentation shall provide the following information, or the parts deemed necessary and relevant in a particular case: 1 The history of the medical condition(s), including references to findings from previous examinations, treatment, and responses to treatment. Clinical findings from the most recent medical evaluation, including any of the following which have been obtained: findings of physical examination; results of laboratory tests; X-rays; EKG's and other special evaluations or diagnostic procedures; and, in the case of psychiatric evaluation or psychological assessment, the findings of a mental status examination and the results of psychological tests, if appropriate. Diagnosis, including the current clinical status Prognosis, including plans for future treatment and an estimate of the expected date of full or partial recovery. An explanation of the impact of the medical condition on overall health and activities, including the basis for any conclusion that restrictions or accommodations are or are not warranted, and where they are warranted, an explanation of their therapeutic or risk avoiding value. An explanation of the medical basis for any conclusion which indicates the likelihood that the individual is or is not expected to suffer sudden or subtle incapacitation by carrying out, with or without accommodation, the tasks or duties of a specific position. A narrative explanation of the medical basis for any conclusion that the medical condition has or has not become static or well stabilized and the likelihood that the individual may experience sudden or subtle incapacitation as a result of the medical condition.

3 4

(c)

The person who hears an oral reply will be either the deciding official or someone designated by him/her who has sufficient authority to recommend what final action should be taken on a proposed adverse action. He/she must be administratively superior to or organizationally separate from the employee. If the official who hears the oral reply is not the deciding official, he/she must make a recommendation, either orally or in writing, to the deciding official.

(d)

The official hearing the oral reply must ensure that a summary of the reply is prepared for the record. The employee and employee's representative must be given an opportunity to review the summary. Any comments or corrections made by the employee or his/her representative must be made a part of the record.

(4)

Full consideration must be given to any timely answer received from the employee. If the answer casts doubt on whether a particular adverse action is justified or appropriate, the case should be further reviewed and modification must be considered. When appropriate, the proposed action may be canceled, or a less severe action may be substituted without issuing a new notice of proposed adverse action. A more severe action than originally proposed may not be substituted, nor may reasons not stated in the proposal notice be relied upon in making the decision. However, management may cancel the original proposal notice and issue a new notice of proposed adverse action in appropriate circumstances.

c.

Exceptions to Notice Period and an Opportunity to Prepare an Answer. Advance written notice and an opportunity to answer are not necessary in cases of furlough due to unforseeable circumstances, such as sudden breakdowns in equipment, acts of God unplanned budgetary lapses, or emergencies requiring immediate curtailment of activities. Duty Status During Notice Period. Usually, an employee against whom adverse action is proposed is entitled to be retained in an active duty status during the notice period. When circumstances are such that the retention of the employee in an active duty status in his/her position may result in damage to Government property or may be detrimental to the interests of the Government or injurious to the employee, his/her fellow workers, or the general public, the Bureau may: (1) Assign the employee to duties where he or she is no longer a threat to safety, the Bureau mission or to Government property Place the employee on leave with his or her consent (e.g., annual leave, sick leave, or leave without pay) or carry the employee in an absence without leave (AWOL) status if the employee has absented himself or herself from the worksite without requesting leave. Invoke the crime provision and curtail the notice period in appropriate circumstances. Place the employee in a paid, nonduty status during All or part of the advance notice period if none of the above alternatives are available.

d.

(2)

(3)

(4)

e.

The Crime Provision. From time to time an employee may be arrested or indicted for a crime. If management has reason to believe that the employee has committed a crime for which a sentence of imprisonment may be imposed, the 30-day statutory advance notice period for the action (indefinite suspension, removal) may be

shortened to no less than 7 days. During the shortened notice period, the employee may be placed on administrative leave usually not to exceed 10 days. When the "crime provision" is invoked, care must be exercised and proper procedures must be followed to ensure that any criminal case is not jeopardized. This is especially true when the criminal case is based on Inspector General or Internal Affairs investigations and the U.S. Attorney is involved. The crime provision should not be initiated until the proposed action has been discussed with the Employee and Labor Relations Branch. When the Inspector General, the Office of Internal Affairs and/or the U.S. Attorney are involved, these offices must agree that the "cause" evidence of a proposed action will not jeopardize or compromise the pending criminal case. All necessary contacts with these offices will be handled by a designated official at Headquarters. Acts of an employee which support criminal charges may be cause for removal. However, where the criminal charges rather than the underlying acts are the basis for the action, a subsequent acquittal of the employee on appeal could vacate the cause for the action. If the cause relied on is the employee's act or wrong-doing rather than the conviction, generally the administrative action by the Bureau will not be affected by the subsequent criminal case. (1) Indefinite Suspension. An employee may be indefinitely suspended pending the outcome of an arrest or indictment. The suspension cannot be open-ended; there must be some sort of termination, e.g., completion of court action. (a) The fact that an employee was arrested for a crime does not by itself provide cause for an adverse action, even when the fact of the arrest is completely established, since the employee may be innocent of the crime for which the arrest was made. Therefore, the correct basis for any administrative action would be the misconduct which led to the arrest (or which would warrant suspension pending further investigation). In processing an action for an indefinite suspension, it is important that the use of criminal terminology, e.g., embezzlement, theft, rape, etc., be avoided. A criminal indictment does not, by itself, constitute sufficient cause for an adverse action, except for an indefinite suspension pending disposition of the criminal action. The Bureau must show a nexus between the basis for the action and the need for the suspension. For example, an indictment for a matter directly related to the agency's mission may be a sufficient basis upon which to base an indefinite suspension. The "crime provision" cannot be invoked solely on evidence of an employee's arrest. However, if the Bureau has evidence that the employee was arrested and held for further legal action by a magistrate or was indicted by a grand jury, there would be reasonable cause for believing the employee had committed a crime. If the Bureau, through its own independent investigation, has acquired evidence which connects an employee with the commission of a crime, it must determine whether all the facts and circumstances uncovered constitute reasonable cause to believe the employee has committed the crime.

(b)

(c)

(2)

Invoking the Crime Provision. To invoke the "crime provision" and process a removal or indefinite suspension with a shortened notice period, the following procedures shall be followed: (a) The proposing official shall notify the employee that he/she is being put immediately in a nonduty status with pay for no longer than 10 calendar days. The employee shall be given a notice either of proposed indefinite suspension pending disposition of the criminal action or of proposed removal where there is sufficient evidence to warrant removal. The notice shall inform the employee that he/she must answer within 7 calendar days. The deciding official shall issue a decision after the employee has had an opportunity to answer and the answer has been considered. This action shall be completed before the employee has been in a nonduty status for more than 10 calendar days.

(b)

(c)

f.

Right to a Representative (1) An employee covered by this order is entitled to be represented by an attorney or other representative of his/her own choosing during adverse action proceedings. The employee must provide the deciding official with written notice of the designation of representative. Any change in the designation of representative must also be in writing. The employee must also provide written consent or power of attorney expressly authorizing the designated representative access to official records personal to the employee which are relevant to the action. In the absence of such express authorization, the representative will neither be furnished copies of any such records nor permitted to inspect such records. (See Exhibit 12, Sample Designation of Representative.) The representative chosen by the employee may be a Bureau employee, an employee from another Federal agency or may be from outside the Federal service. If he/she is a Bureau employee, he/she will be provided with the same reasonable amount of official time as the employee to review the material relied upon and to aid in the preparation of a reply. A representative will not be permitted official time for travel or to become expert in the applicable regulations. In addition, travel and related expenses for a representative will not be paid by the Bureau.

(2)

(3)

(4)

g.

Disallowance of a Representative and Challenges. A person chosen by the employee as his/her representative must be willing to serve in that capacity and be free to do so. The Bureau may disallow as a representative an individual whose activities as representative would cause a conflict of interest or position; or an employee of the Bureau whose release from his/her official position would give rise to unreasonable costs or whose priority work assignments preclude his/her release.

(1)

Decision to Disqualify. The decision to disqualify a selected representative should be made prior to consideration of the merits of an action and after consultation with the Employee and Labor Relations Branch. A written decision, including appropriate rationale, must be given to the employee with a duplicate prepared for inclusion in the adverse action file. Content and Time Limits for Challenge. The employee shall have the right to challenge the decision to disallow his/her choice of a representative to the Chief, Personnel Division, within 5 days of such disallowance. (If the proposing official in an adverse action is the Chief, Personnel Division, the Director is the official with whom an employee should file a challenge.) The challenge must be in writing and contain the following information: (a) (b) (c) (d) (e) Name of employee. Name of disallowed representative Date of disallowance. Basis for disallowance (if known). Employee's reason for challenging disallowance, e.g., arguments showing why a conflict of interest is not created by the employee's choice of representative.

(2)

(3)

Time Limits for Decision. The Chief, Personnel Division (or Director) shall issue a written, final decision no later than 5 days after receipt of an employee's challenge. Appeal of Decision. There is no right to appeal a decision made tinder this paragraph. Disallowance of New Representative. In the event an employee changes his/her designation of representative at a later stage of the proceeding, any challenge regarding a disallowance of said representative by the appropriate management official will be considered and resolved in the manner described above.

(4)

(5)

h.

Notice of Adverse Decision. Letters of decisions in adverse actions shall be prepared by the deciding official in accordance with the procedures in this order and the example provided in Exhibit 4, Sample Notice of Decision on Adverse Action (Removal, Demotion, Suspension of More Than 14 Days). (1) In arriving at his/her decision, the deciding official shall not consider any reasons for action other than those specified in the notice of proposed action. He/she shall consider any answer of the employee and/or his/her representative made to a designated official and any medical or other documentation furnished. If appropriate, and the employee has eligibility under his or her retirement system,

the Bureau shall provide information concerning disability retirement with the decision letter. (2) The employee is entitled to written notice of the Bureau's decision at the earliest practicable date. The decision shall be made by a higher level official of the agency than the official who proposed the adverse action. The Bureau shall deliver the decision to the employee at or before the time the action will be made effective. The decision shall be in writing, be dated, and shall: (a) (b) Inform the employee of the final decision. Inform the employee which of the reasons in the notice of proposed adverse action have been found sustained, partially sustained, and/or not sustained. Inform the employee of his/her right to appeal the decision to MSPB. Inform the employee of the time limit for appeal, as provided in subparagraph 14a below, and the address of the appropriate MSPB office for filing an appeal.' Provide the employee with a copy of the MSPB's regulations. Provide the employee with a copy of the appeals form. Advise the employee of any other appeal or complaint rights that are available, and, at a minimum, the time limits for exercising those rights.

(c) (d)

(e) (f) (g)

(3)

Prior to the issuance of the decision notice in an adverse action, the notice shall be submitted to the Chief, Employee and Labor Relations Branch, for technical review to determine the adequacy of the record and to ensure uniformity of decisions. The Chief, Employee and Labor Relations Branch, shall forward the decision notice to the Office of Chief Counsel to be reviewed for legal sufficiency. When issued. a photo copy of the signed and dated decision shall be submitted to the Employee and Labor Relations Branch for inclusion in the file. The Chief, Employee and Labor Relations Branch, and the Assistant Chief Counsel (Administration) will be available for assistance in these matters.

(4)

(5)

(6)

14

RIGHT TO APPEAL. An employee is entitled to appeal adverse actions covered by this chapter to the MSPB. The appeal shall be in writing and shall set forth the employee's reasons for contesting the adverse action, with such proof and pertinent documents as he/she is able to submit. a. Time Limit for Appeal. Petitions for appeal must be filed during the period beginning with the day after the effective date

of the action being appealed and ending on the 20th day after the effective date. The MSPB may extend the time limit for filing an appeal when the appellant shows that he/she was not notified of the time limit, was not otherwise aware of it or that he/she was prevented by circumstances beyond his/her control from appealing within the time limit. b. Finality of the Decision. The decision of the administrative judge becomes final 35 days after issuance. However, either party to the appeal may petition the MSPB to reopen and reconsider the decision under 5 C.F.R. 1201,114 and 115. EEO Complaints. When an employee has been affected by a matter or action which is appealable to the MSPB, and he/she believes that prohibited discrimination was involved, he/she may elect to appeal to the MSPB and have the allegation of discrimination considered as part of the appeal, or pursue the matter under the Office of Equal Opportunity (EO) discrimination regulations, but not both. To file an EEO complaint, the aggrieved employee must contact an EEO counselor within 30 calendar days of the effective date of the personnel action.

c.

15.

REVERSALS OF ADVERSE ACTIONS a. Bureau Reversals of Certain Adverse Actions. When an employee who has been reduced in grade or pay is restored to his/her former grade or rate of pay or to an intermediate grade or rate of pay as the result of a Bureau decision that its action under this chapter was unjustified or unwarranted, the Bureau shall make the restoration retroactively effective to the date of the improper action. Bureau Action When MSPB Recommends Restoration or Other Corrective Action. It is mandatory that the Bureau. take all corrective action recommended in the decision of the administrative judge unless the Bureau Petitions the MSPB to reopen and reconsider the decision under 5 C.F.R. part 1201.1.14,

b.

c.

Responsibility for Effecting Corrective Action. When a final decision has been received, it shall be the responsibility of the Chief, Employee and Labor Relations Branch, to ensure that the corrective action is effected and to inform the Employment Branch, Personnel Division of the final decision.

16 - 20 RESERVED

CHAPTER C. COMPLIANCE WITH APPELLATE DECISIONS 21 MSPB DECISIONS. The Bureau must comply with the initial decision of the administrative judge except when it files a timely petition to the MSPB, seeking reopening and reconsideration of the case under the regulatory criteria for reopening (see paragraph 25 below). STAY OF CORRECTIVE ACTION. If the Bureau submits a timely petition to reopen and reconsider a decision of the administrative judge, the initial decision is stayed pending the disposition of the petition. ACTION PRECLUDING A PETITION TO MSPB. The Board. will not consider a petition from the Bureau to reopen and reconsider a decision of an administrative judge after the Bureau has complied. with the initial decision. a. Either party may file a petition for review and/or request for reopening and reconsideration of the administrative judge's decision with the MSPB within 35 days of the issuance of the initial decision. The Office of Chief Counsel shall provide copies of the initial decision to the appropriate management official and the Chief, Employee and Labor Relations Branch. A petition for review may be filed only when it is established that new and material evidence is available or the decision of the administrative judge is based on an erroneous interpretation of a statute or a regulation. Accordingly, the determination by the management official and/or the Chief, Employee and Labor Relations Branch, to appeal an initial decision, will be made after consultation with the Office of Chief Counsel. The petition shall set forth objections to the initial decision, supported by references to applicable laws or regulations, and with specific references to the record. Consultation with the Assistant Director of Personnel (Human Relations), Department of the Treasury is required PRIOR to submission of Bureau petitions for review and/or requests for reopening and reconsideration of decisions of the administrative judge. Accordingly, all such petitions must be sent to the Chief, Employee and Labor Relations Branch, for ultimate submission to the Assistant Director of Personnel (Human Relations). A copy of all Bureau petitions/requests to the MSPB must be served on the Director of Personnel, Department of the Treasury, at the time they are served on the MSPB. All Bureau petitions to the MSPB shall meet one of the following criteria. (1) (2) b. New material evidence is available that was not readily available when the decision of the administrative judge was issued. The decision of the administrative judge involves an erroneous interpretation of law or regulation, or a misapplication of established policy. Cases where the decision of the administrative judge reverses an original decision of the Office of Personnel Management under 5 C.F.R. 731 or 754.

22

23.

24. FILING OF PETITIONS.

b.

c. d.

e. 25

CRITERIA FOR PETITIONS TO MSPB. a.

The Bureau will not appeal to the MSPB: (1)

(2) c.

Cases where the Bureau has complied with the administrative judge's initial decision (see paragraph 23 above).

Bureau petitions to the MSPB petitioning for review of an initial decision of the administrative judge will be prepared by the Office of Chief Counsel and shall: (1) (2) Be filed no later than 35 days of issuance of the administrative judge's initial decision. Be filed with the Clerk of the Merit Systems Protection Board, Washington, DC 20419.

26-30 RESERVED

CHAPTER D. DISCIPLINARY ACTIONS - ADMONISHMENTS, REPRIMANDS, AND SUSPENSIONS FOR 14 DAYS OR LESS 31. AUTHORITIES. The authorities for proposing and deciding disciplinary actions are set forth in ATF O 1100.114C. COVERAGE a. Employees Covered. This chapter applies to: (1) Any career, career-conditional, overseas-limited, indefinite, or term employee, or any employee serving under a career-executive assignment, in a competitive position who is not serving a probationary or trial period. Any employee serving in a competitive position who has completed 1 year of current continuous employment except one serving under a temporary assignment with a definite time limitation or a limited-executive assignment. Any preference-eligible employee who has completed 1 year of current continuous employment in a position outside the competitive service. Any employee having competitive status who occupies a position in schedule B under 5 C.F.R. 213.

32.

(2)

(3)

(4) b. c. 33.

Disciplinary Actions Covered. This chapter applies to admonishments, reprimands, and suspensions for 14 days or less Exclusions. This chapter does not apply to an employee or adverse action excluded by paragraph 5.

REPRIMANDS/ADMONISHMENTS. There are no specific procedures which must be followed when issuing a reprimand or admonishment. However, the notice should discuss clearly the offense(s) for which the reprimand or admonishment is issued. a. Admonishments. Admonishments may be oral or written, and are never filed in an employee's Official Personnel File (OPF). If an admonishment is oral, the supervisor should document it in a memorandum to the record, and give the employee a copy. If written, the supervisor should retain a copy. Reprimands. Reprimands are always given in writing and are 'Filed in the employee's OPF for up to two years, although supervisors may request that they be withdrawn at any time. Requests to withdraw reprimands from OPFS should be made by the supervisor to the Chief, Employee and Labor Relations Branch. Reprimands should inform the employee of his/her right to grieve the action or file a discrimination complaint (See Exhibit 5, Sample Reprimand).

b.

34.

SUSPENSIONS FOR 14 DAYS OR LESS a. Notice of Proposed Suspension. (1) Notices of proposed suspensions shall be prepared by the proposing officials in accordance with the procedures in this order and with the example provided in

Exhibit 6, Sample Notice of Proposed Disciplinary Action (Suspension of 14 Days or Less). (2) Prior to the issuance of a notice of proposed suspension. the proposal notice, and copies of all materials upon which the proposal is based, shall be submitted to the Chief, Employee and Labor Relations Branch, for technical review to determine the adequacy of the record and to ensure uniformity of proposals. An employee whose suspension is proposed is entitled to an advance written notice stating the reasons, specifically and in detail, for the proposed action. A copy of the material relied upon to support the proposed suspension shall be furnished to the employee along with the notice. If information from a report of investigation issued by the Office of Internal Affairs is used as a basis to support the suspension. the entire report or the pertinent sections therein are to be duplicated and furnished to the employee with the proposal notice. Material which cannot be disclosed to the employee or to his/her physician under the regulations listed under 5 C.F.R. 294.401 may not be used by the Bureau to support the reasons for a suspension.

(3)

(4)

(5)

b.

Employee's Answer (1) An employee is entitled to reasonable time for answering a notice of proposed suspension and for furnishing affidavits in support of his/her answer. The time allowed depends upon the facts and circumstances of the case, and shall be sufficient to afford the employee ample opportunity to review the material relied upon by the Bureau to support the reasons in the notice. to prepare an answer, and to secure affidavits. (Normally 10 days. but not less than 7 days, will be given.) The employee shall be provided a reasonable amount of official time for these purposes if he/she is otherwise in an active duty status. The notice period described in (1) above may be extended at the request of the employee when he/she demonstrates to the satisfaction of the deciding official that good and sufficient reasons exist for the extension of the notice period. A request for an extension of the notice period shall be in writing, shall state the reasons for the request, and shall be delivered to the official who will render the decision prior to the date on which the reply is due. The employee is entitled to answer orally and/or in writing (a) When an employee chooses to answer orally, he/she shall be given a reasonable opportunity to make any presentation which he/she believes might influence the final decision on his/her case. However, the employee does not have the right to a trial or formal hearing with examination of witnesses. The person who hears an oral reply will be the deciding official or someone designated by him/her who has sufficient authority to recommend what final action should be taken on a proposed suspension.

(2)

(3)

(b)

He/she must be administratively superior to or organizationally separate from the employee. (c) The oral reply is for the express purpose of allowing the employee to present anything the employee deems significant with regard to mitigation or extenuation. This could include anything from impact on the employee's family to the employee's frank opinion of his/her supervisor. The employee and/or representative is allowed to present the oral reply freely. Accordingly, to preclude any chilling effect on a free exchange, the oral reply will not be recorded verbatim using a tape recorder or any other means. The official hearing the oral reply must ensure that a summary of the reply is prepared for the record. The employee and employee's representative must be given an opportunity to review the summary. Any comments or corrections made by employee or his/her representative must be made a part of the record. If the official who hears the oral reply is not the deciding official, he/she must make a recommendation, either orally or in writing, to the deciding official. Full consideration must be given to any timely answer received from the employee. If the answer casts doubt on whether the suspension is justified or appropriate, the case should be further reviewed and modification must be considered. When appropriate, the proposed action may be canceled or a lesser action, such as a shorter suspension, reprimand or admonishment, may be substituted without issuing a new proposal. A more severe action than originally proposed may not be substituted, nor may reasons not stated in the proposal be relied upon in making a final decision. However, management may cancel the original proposal notice and issue a new notice of proposed action in appropriate circumstances.

(d)

(e)

(4)

c d

Right to a Representative. An employee covered under this chapter is entitled to be represented by an attorney or other representative of his/her choice. Disallowance of Representative. The Bureau may disallow as an employee's representative an individual whose activities as a representative would cause a conflict of interest or position; or an employee of the Bureau whose release from his/her position would give rise to unreasonable costs to the Government or whose priority work assignments preclude his/her release. Selecting a Representative. The procedures for choosing and disallowing a representative are outlined in chapter B, subparagraphs 13f and 13g. Notice of Decision (1) The employee is entitled to notice of the Bureau's decision at the earliest practicable date.

e. f.

(2)

In arriving at his/her decision, the deciding official shall consider only the reasons specified in the notice of proposed action and shall consider any answer of the employee and/or his/her representative. The decision shall be delivered to the employee at or before the time the action will be effective. The decision shall be in writing, inform the employee of his/her right to file a grievance, and inform him/her of the time limit within which a grievance must be filed. A sample decision is provided in Exhibit 7, Sample Notice of Decision on Disciplinary Action (Suspension of 14 Days or Less). There is no right to appeal a disciplinary action to the MSPB. Prior to the issuance of the decision notice in a suspension, the notice shall be submitted to the Chief, Employee and Labor Relations Branch, for technical review to determine the adequacy of the record and to ensure uniformity of decisions. When issued, a photo copy of the signed and dated decision shall be submitted to the Employee and Labor Relations Branch for inclusion in the file.

(3)

(4)

(5)

(6)

35

RIGHT TO FILE A GRIEVANCE a. Grievance Procedures. An employee may grieve an action taken in accordance with the provisions of this chapter under ATF O 2770.1C Employee Grievances, dated August 10, 1988, unless he/she is covered by the ATF/NTEU Collective Bargaining Agreement, in which case the provisions of that agreement apply. Time Limit. An employee may grieve an action taken under this chapter no later than 15 days after the effective date of a suspension, or no later than 15 days after receipt of an admonishment or reprimand. The deciding official may extend this time limit when the employee shows that he/she was not notified of the time limit, was not otherwise aware of it or that he/she was prevented by circumstances beyond his/her control from filing within the time limit. Finality of the Decision. In cases where a grievance is filed for an action taken under this chapter, the decision of the official with whom the grievance is filed is final.

b.

c.

36-40 RESERVED

CHAPTER E. REMOVALS OF PROBATIONARY EMPLOYEES 41 ACTION DURING PROBATIONARY PERIOD a. The Bureau shall utilize the probationary period as fully as possible to determine the fitness of the employee and shall terminate his/her service during this period if he/she fails to demonstrate fully his/her qualifications for continued employment Supervisors shall evaluate probationary employees and advise them of their performance prior to the end of the 10th month of their probationary period. The removal of a probationer is considered neither an adverse action nor a disciplinary action; it is taken under the authority of 5 C.F.R. part 315.

b.

c. 42

TERMINATION OF PROBATIONERS FOR UNSATISFACTORY PERFORMANCE OR CONDUCT. a. A decision to terminate a probationary employee is made by the appointing or higher level official. (See ATF O 1100.114C.) Decisions to remove probationers must be issued and effected prior to the completion of the last day of the probationary period (Probationary periods end at the end of an employee's tour of duty on the day before the employee's 1-year anniversary date. This date may be affected by periods of leave without pay, etc.) When the Bureau decides to terminate an employee serving a probationary period because his/her work performance during this period fails to demonstrate his/her fitness or qualification for continued employment, it shall terminate his/her services by notifying him/her in writing why he/she is being separated and the effective date of the action. An example is provided in Exhibit 8, Sample Notice of Removal of Probationary Employee (Conduct or Performance Reasons During Employment). The information in the notice as to why the employee is being terminated shall, at a minimum, consist of the agency's conclusions as to the inadequacies of his/her performance or conduct.

b.

43.

TERMINATION OF PROBATIONERS FOR CONDITIONS ARISING BEFORE APPOINTMENTS. a. When the Bureau proposes to terminate a probationary employee for reasons based in whole or in part on conditions arising before his/her appointment, the employee is entitled to an advance written notice stating the reasons, specifically and in detail, for the proposed action. A sample letter is provided in Exhibit 9. Sample Notice of Proposed Removal of Probationary Employee (Conditions Arising Before Appointment). The employee is entitled to a reasonable time for filing a written answer to the notice of proposed termination. If the employee answers, the agency shall consider the answer in its decision. The employee is entitled to be notified of the Bureau's decision at the earliest practicable date. The decision shall be delivered to the employee on or before the effective date of the action. The decision shall be in writing, shall inform the employee of the reasons for the action, shall inform him/her of his/her appeal rights, and shall inform

b.

c.

him/her of the time limit within which the appeal must be submitted. (See paragraph 44.) A sample is provided in Exhibit 10, Sample Notice of Decision to Remove Probationary Employee (Conditions Arising Before Appointment). 44. APPEAL RIGHTS TO MSPB. a. A probationary employee may appeal to the MSPB, in writing, an agency's decision to terminate him/her only as provided below: (1) A probationary employee may appeal a termination not required by statute which he/she alleges was based on partisan political reasons or marital status. A probationary employee who is terminated for conditions arising before appointment may appeal on the ground that his/her termination was not effected in accordance with the procedural requirements of 5 C.F.R. 315.805. If a probationary employee appeals a termination on the basis of (1) or (2) above, he/she may also raise an allegation of discrimination because of race, color, religion, sex or national origin; or age, provided that at the time of the alleged discriminatory action the employee was at least 40 years of age; or physical handicap.

(2)

(3)

b.

A probationary employee may submit an appeal any time after receipt of the notice of termination, but not later than 20 calendar days after the termination has been effected. A probationary employee who alleges that his/her termination was based on discrimination (as outlined above) may elect to appeal to the MSPB and have the allegation of discrimination considered as part of the appeal, or pursue the matter under the Office of Equal Opportunity (EO) discrimination regulations, but not both. To file an EEO complaint. the employee must contact an EEO counselor within 30 calendar days of the effective date of the termination.

c.

45 - 50 RESERVED

CHAPTER F REMOVALS OF SCHEDULE A EMPLOYEES 51. TERMINATION OF SCHEDULE A EMPLOYEES WHO ARE PREFERENCE ELIGIBLES a. A decision to terminate a Schedule A employee is made by the appointing or higher level official. (See paragraph 6 of ATF O 1100.114C.) Schedule A employees who are preference eligibles and have less than 12 months service may be terminated according to procedures outlined in chapter E of this order. Schedule A employees who are preference eligibles and have more than 12 months service may be terminated for reasons of unsatisfactory conduct according to procedures outlined in chapter B of this order. The right to appeal a removal action to the Merit Systems Protection Board is the same for Schedule A preference eligible employees with more than 12 months service as for employees in the competitive service with more than 12 months service.

b.

c.

d.

52.

TERMINATION OF SCHEDULE A EMPLOYEES WHO ARE NON-PREFERENCE ELIGIBLES. a. A decision to terminate a Schedule A employee is made by the appointing or higher level official. (See paragraph 6 of ATF O 1100.114C.) Schedule A employees who are non-preference eligibles, regardless of length of service, whose work performance or conduct is unsatisfactory, may be terminated following notification in writing of the reasons for the separation and the effective date of the action. An example is provided in Exhibit 11, Sample Notice of Removal of Schedule A Employee (Conduct/Performance Reasons) (Non-Preference Eligible). The information in the notice shall, at a minimum, consist of the agency's conclusions as to the inadequacies of his/her work performance or conduct. Schedule A employees with more than 12 months service who are non-preference eligibles whose services are terminated may file a grievance under the procedures outlined in ATF O 2770.1C. Employees terminated under this chapter who believe that the action was taken in whole or in part on the basis of prohibited discrimination due to race, color, religion, sex, national origin, handicap or age, may contact the appropriate regional office of the Office of Equal Opportunity to initiate a complaint of discrimination. A complaint must be initiated within 30 calendar days after the effective date of the action. Schedule A non-preference eligibles are not entitled to appeal a removal action to the MSPB.

b.

c.

d.

53-58 RESERVED

Exhibit 1 EXAMPLES OF REASONS UPON WHICH TO BASE ADVERSE OR DISCIPLINARY ACTIONS A determination of whether an action will promote the efficiency of the service shall be based on whether the individual's conduct may reasonably be expected to interfere with effective performance, either in his/her position, or in the Bureau's mission (nexus). The following are some, but not all, of the reasons that may be considered for taking an adverse or disciplinary action. 1. 2. 3. 4. 5. 6. 7. Excessive tardiness, or other misconduct related to attendance or leave. Criminal dishonest, infamous or notoriously disgraceful conduct Intentional false statements. or deception or fraud in examination or appointment. Refusal to furnish testimony as required by 5 C.F.R. 5.4. Misuse of a Government-Owned Vehicle Abuse of narcotics or other controlled substances Reasonable doubt as to the loyalty of the person involved to the Government of the United States. Any statutory disqualification which makes the individual unfit for the service. Continued failure to perform duties of the position despite the ability of the employee to perform these duties.

8. 9.

10. Discourteous conduct to the public confirmed by an immediate supervisor's report of four such instances within any one-year period or any other pattern of discourteous conduct. In making a determination, the appropriate factors listed in Exhibit 2, Douglas Factors, must be considered.

Exhibit 2 DOUGLAS FACTORS (Douglas v. Veterans, Administration) 1. The nature and seriousness of the offense, and its relation to the employee's duties, position, and responsibilities, including whether the offense was intentional, technical, or inadvertent, or was committed maliciously or for gain, or was frequently repeated. The employee's job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position. The employee's past disciplinary record. The employee's past work record, including length of service, performance on the job. ability to get along with fellow workers and dependability. The effect of the offense upon the employee's ability to perform at a satisfactory level and its effect upon supervisors' confidence in the employee's ability to perform assigned duties. Consistency of the penalty with those imposed upon other employees for the same or similar offenses. Consistency of the penalty with any applicable agency table of penalties. (Note: The Bureau does not have a table of penalties The notoriety of the offense or its impact upon the reputation of the agency. The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question.

2.

3. 4.

5.

6.

7.

8. 9.

10. Potential for the employee's rehabilitation 11. Mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment, or bad faith, malice or provocation on the part of others involved in the matter. 12. The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others.

Exhibit 3 SAMPLE NOTICE OF PROPOSED ADVERSE ACTION (REMOVAL. DEMOTION, SUSPENSION OF MORE THAN 14 DAYS) MEMORANDUM TO: FROM: SUBJECT: (Employee's name and title) (Your title) Proposed (Removal, Demotion, or Suspension)

CHOOSE ONE OF THE FOLLOWING THREE PARAGRAPHS BASED ON NATURE OF PROPOSED ACTION: IF PROPOSING REMOVAL: This is notice that I propose to remove you from your position of (Employee's position title, series, grade, organizational location) and separate you from the Federal service in accordance with Chapter 75 of Title 5 of the United States Code and Part 752 of Title 5 of the Code of Federal Regulations no earlier than thirty (30) calendar days from the date you receive this notice. The reasons for this proposed action are as follows (LIST REASONS BELOW): IF PROPOSING DEMOTION: This is notice that I propose to demote you from your position of (Employee's position title, series, grade, organizational location) to (position title, series, grade, step, organizational location) in accordance with Chapter 75 of the United States Code and Part 752 of the Code of Federal Regulations no earlier than thirty (30) calendar days from the date you receive this notice. The reasons for this proposed action are as follows (LIST REASONS BELOW): IF PROPOSING SUSPENSION OF MORE THAN 14 DAYS: This is notice that I propose to suspend you from your position of (Employee's position title, series, grade, organizational location) for a period of (specify number) calendar days in accordance with Chapter 75 of Title 5 of the United States Code and Part 752 of Title 5 of the Code of Federal Regulations no earlier than thirty (30) calendar days from the date you receive this notice. The reasons for this proposed action are as follows (LIST REASONS BELOW): LIST REASONS: REASON 1: REASON 2: etc. AFTER LISTING THE REASONS FOR THE ACTION, DISCUSS EACH REASON SEPARATELY AND PROVIDE SUPPORTING SPECIFICATIONS. FOR EXAMPLE: REASON 1: Repeated Absence Without Leave (AWOL)

Specification 1: (Describe incident of AWOL) Specification 2: (Describe incident of AWOL) CONTINUE WITH AS MANY REASONS AS WARRANTED. In view of the above, I believe the efficiency of the service warrants your (removal, demotion, or suspension). NEXT DISCUSS WHY/HOW THE MISCONDUCT WARRANTS THE ACTION PROPOSED (NEXUS) You have the right to reply to this notice personally and/or in writing. You may furnish any and all reasons you may desire, including affidavits and other documentary evidence, in support of your reply. You will be allowed fifteen (15) calendar days from your receipt of this notice to submit your answer. Any reply should be addressed to (deciding official's name, title, and address). If you wish to reply personally, you should contact (deciding official's name) to arrange an appointment. Consideration will be given to extending this period if you submit a written request stating your reasons for desiring more time to (deciding official's name). You may have a representative of your own choosing assist you in this reply. If you designate an individual to represent you, provide his/her name, occupation, and address to (deciding official's name) prior to submission of your oral or written reply. If in a duty status, you and your representative, if employed by the Bureau of Alcohol, Tobacco and Firearms, will be allowed a reasonable amount of official time to review the material relied upon to support this proposal, to secure affidavits, and to prepare an answer to this notice. You should make arrangements with your supervisor for use of official time. Your representative, if an employee of this Bureau, should make arrangements with his/her supervisor to use official time. The material relied upon to support this action is attached for your review. No decision will be made on this proposed action until the expiration of time allowed for a reply. If you do-not wish to submit a reply, a decision will be made based on all of the information available at the end of the reply period. If you do submit a reply, it will be given full and careful consideration. In either case, you will be notified in writing at the earliest practicable date of the decision in this matter. During the course of the notice period you will (insert appropriate duty status. Examples: remain in an active duty status assigned to your present position; remain in a restricted duty status assigned to the District Office). If you do not understand the reasons why your (removal, demotion, or suspension) is proposed, or if you need additional information concerning your rights as stated in this notice, you or your designated representative may contact the Employee and Labor Relations Branch at FTS or (202) 566-7253 for further information. (Name of proposing official) Attachments CONTACT EMPLOYEE AND LABOR RELATIONS BRANCH FOR ADDITIONAL SAMPLES OF NOTICES OF PROPOSED ADVERSE ACTION

Exhibit 4 SAMPLE NOTICE OF DECISION ON ADVERSE ACTION (REMOVAL, DEMOTION, SUSPENSION OF MORE THAN 14 DAYS) MEMORANDUM TO: FROM: SUBJECT: (Employee's name and title) (Your title) Decision to (Remove, Demote, or Suspend)

CHOOSE ONE OF THE FOLLOWING THREE PARAGRAPHS BASED ON NATURE OF ACTION DECIDED: IF REMOVAL DECIDED: By notice dated (specify date), you were informed of a proposal to remove you from your position of (Employee's position title, series, grade, organizational location) and separate you from the Federal service based on the following reasons (LIST REASONS BELOW): IF DEMOTION DECIDED: By notice dated (specify date), you were informed of a proposal to demote you from your position of (Employee's position title, series, grade, organizational location) to (position title, series, grade, step, organizational location) based on the following reasons (LIST REASONS BELOW): IF SUSPENSION OF MORE THAN 14 DAYS DECIDED: By notice dated (specify date), you were informed of a proposal to suspend you from your position of (Employee's position title, series, grade, organizational location) for a period of (specify number) calendar days based on the following reasons (LIST REASONS BELOW): LIST REASONS: REASON 1: REASON 2: etc. I have given full and careful consideration to the information in your written reply dated (specify date), as well as your oral reply of (specify date), the proposal, and the material relied upon in making the proposal. (if employee made no reply or replied only orally or only in writing, state so here. Also state any material considered which employee provided as part of the oral and/or written replies.) Listed below are my decisions on each of the reasons in the proposal notice. I have ' sustained reasons (state which are sustained), partially sustained reasons (state which are partially sustained), and not sustained reasons (state which are not sustained).

LIST AND DISCUSS EACH REASON AND SPECIFY WHY SUSTAINED, PARTIALLY SUSTAINED OR NOT SUSTAINED: REASON 1 REASON 2: etc. DISCUSS MITIGATING/AGGRAVATING FACTORS (DOUGLAS FACTORS). CHOOSE ONE OF THE FOLLOWING THREE PARAGRAPHS BASED ON NATURE OF ACTION DECIDED: IF REMOVAL DECIDED: Therefore, it is my decision that in order to promote the efficiency of the service, you will be removed from your position effective (specify date). IF DEMOTION DECIDED: Therefore, it is my decision that in order to promote the efficiency of the service, you will be demoted from your position to (position title, series, grade, step, organizational location) effective (specify date). IF SUSPENSION OF MORE THAN 14 DAYS DECIDED: Therefore, it is my decision that in order to promote the efficiency of the service, you will be suspended from your position for a period of (specify number) calendar days beginning (date) through (date). You will be returned to active duty status beginning (date) and are expected to report for duty on that date. CONTINUE AS FOLLOWS: You have the right to appeal this action to the Merit Systems Protection Board (MSPB) no sooner than the day after the effective date of this action and no later than twenty (20) calendar days after the effective date of this action. Your appeal should be made pursuant to the regulations contained in Parts 1200, 1201, and 1202 of Title 5 of the Code of Federal Regulations. The procedures for appeal are found in the attached excerpts from the Code of Federal Regulations dated January 1, 1988. Parts 1200 and 1202 are also attached for your reference. Your appeal should be addressed to: Regional Director Merit Systems Protection Board (address of appropriate office as provided by Employee and Labor Relations Branch)

Your appeal should inform MSPB that the records of your case may be obtained by writing to the Chief, Employee and Labor Relations Branch, Bureau of Alcohol, Tobacco and Firearms, 1200 Pennsylvania Avenue, NW., Room 2212, Washington, DC 20226. This will assist the MSPB in processing your appeal. It is required that all petitions for appeal to the MSPB be in writing and set forth the reasons for contesting the adverse action. In addition, all of the information called for in Part 1201, Appendix I, must be provided. This information may, as indicated, be provided on a copy of the appeals form contained in Appendix I of the attached regulations. If you believe that prohibited discrimination is involved in this decision. you may wish to contact the Office of Equal Opportunity (EO) at (telephone number). You may appeal to MSPB and have the allegation of discrimination considered as part of the appeal, or pursue the matter under EO discrimination regulations, but not both. If you elect to file a complaint of discrimination, you must contact an EEO counselor within thirty (30) calendar days of the effective date of this action. Pending the effective date of this action, you will (insert duty status Example: remain in a restricted duty status assigned to your present position).

(Name of deciding official) Attachments CONTACT EMPLOYEE AND LABOR RELATIONS BRANCH FOR ADDITIONAL SAMPLES OF NOTICES OF ADVERSE ACTION DECISIONS.

Exhibit 5 SAMPLE REPRIMAND MEMORANDUM TO: FROM: SUBJECT: (Employee's name and title) (Your title) Reprimand

This notice constitutes a written reprimand concerning your (description of incident or offense, for example: failure to properly account for work time in daily log: making disrespectful remarks to superiors; unsafe discharge of a firearm; etc.). You are advised that additional offenses of this nature, as described above, will not be tolerated and may result in more severe disciplinary action. You have the right to grieve this action in accordance with the provisions contained in ATF Order 2770.1C, Employee Grievances, dated August 10, 1988. Such a grievance must be submitted in writing and must include the personal relief requested. Any grievance must be submitted within fifteen (15) days of your receipt of this notice to (name, title, and address). You may contact (name) of the Employee and Labor Relations Branch at (telephone number) to obtain a copy of ATF O 2770.1C. If you believe that this action was taken in whole or in part on the basis of prohibited discrimination due to race, color, religion, sex, national origin, handicap, or age, you may wish to contact the Office of Equal Opportunity, (regional office and telephone number), to initiate a complaint of discrimination. Should you elect to pursue a discrimination complaint, it must be initiated within 30 calendar days after your receipt of this notice. A copy of this memorandum will be filed in your Official Personnel Folder (OPF) and will remain in your OPF for up to 2 years. (Name) CONTACT EMPLOYEE AND LABOR RELATIONS BRANCH FOR ADDITIONAL SAMPLES OF REPRIMANDS

Exhibit 6 SAMPLE NOTICE OF PROPOSED DISCIPLINARY ACTION (SUSPENSION OF 14 DAYS OR LESS) MEMORANDUM TO: FROM: SUBJECT: (Employee's name and title) (Your title) Proposed Suspension

This is notice that I propose to suspend you from your position of (Employee's position title, series, grade, organizational location) for a period of (specify number) calendar days in accordance with Chapter 75 of Title 5 of the United States Code and Part 752 of Title 5 of the Code of Federal Regulations no earlier than fifteen (15) calendar days from the date you receive this notice. The reasons for this proposed action are as follows (LIST REASONS BELOW): REASON 1: REASON 2: etc. AFTER LISTING THE REASONS FOR THE ACTION, DISCUSS EACH REASON SEPARATELY AND PROVIDE SUPPORTING SPECIFICATIONS. FOR EXAMPLE: REASON 1: Continued tardiness after being warned and counseled. Specification: Two weeks ago, on (specify date), I informed you that your lack of punctuality in reporting for duty was unsatisfactory. I went over your attendance record for the proceeding month and pointed out that you had been tardy 16 out of 21 workdays in that month. I reminded you that your tour of duty begins at (specify time) and that you are expected to start work at that time. I informed you that continued tardiness could result in disciplinary action. For the past 2 weeks, in spite of my discussion with you. you were tardy on the dates shown below: LIST DATES AND ARRIVAL TIMES REASON 2: Specification 1: Specification 2: etc. CONTINUE WITH AS MANY REASONS AS WARRANTED In view of the above, I believe the efficiency of the service warrants your suspension. NEXT DISCUSS WHY/HOW THE MISCONDUCT WARRANTS THE ACTION PROPOSED (NEXUS)

You have the right to reply to this notice personally and/or in writing. You may furnish any and all reasons you may desire, including affidavits and other documentary evidence, in support of your reply. You will be allowed 10 calendar days from your receipt of this notice to submit your answer. Any reply should be addressed to (deciding official's name, title, and address). If you wish to reply personally, you should contact (deciding official's name) to arrange an appointment. Consideration will be given to extending this period if you submit a written request stating your reasons for desiring more time to (deciding official's name). You may have a representative of your own choosing assist you in this reply. If you designate an individual to represent you, provide his/her name, occupation, and address in writing to (deciding official's name) prior to submission of your oral or written reply. If in a duty status, you and your representative, if employed by the Bureau of Alcohol, Tobacco and Firearms, will be allowed a reasonable amount of official time to review the material relied upon to support this proposal, to secure affidavits, and to prepare an answer to this notice. You should make arrangements with me for use of official time. Your representative, if an employee of this Bureau, should make arrangements with his/her supervisor to use official time. The material relied upon to support this action is attached for your review. No decision will be made on this proposed action until the expiration of time allowed for a reply. If you do not wish to submit a reply, a decision will be made based on all of the information available at the end of the reply period, If you do submit a reply, it will be given full and careful consideration. In either case, you will be notified in writing at the earliest practicable date of the decision in this matter. During the course of the notice period, you will remain in an active duty status assigned to your present position. If you do not understand the reasons why your suspension is proposed, or if you need additional information concerning any of your rights as stated in this notice, you or your designated representative may contact the Employee and Labor Relations Branch at FTS or (202) 566-7253 for further information

(Name of proposing official)

Attachments CONTACT EMPLOYEE AND LABOR RELATIONS BRANCH FOR ADDITIONAL SAMPLES OF NOTICES OF PROPOSED DISCIPLINARY ACTION.

Exhibit 7 SAMPLE NOTICE OF DECISION ON DISCIPLINARY ACTION (SUSPENSION OF 14 DAYS OR LESS) MEMORANDUM TO: FROM: SUBJECT: (Employee's name and title) (Your title) Decision to Suspend

By memorandum dated (date), I (or name of proposing official. if different) notified you of my (his/her) proposal to suspend you from your position of (Employee's position title, series, grade, organizational location) for a period of (specify number) calendar days. The reasons for the proposed action were as follows (LIST REASONS BELOW): REASON 1: REASON 2: etc. This is the final decision on that proposal I have given full and careful consideration to the information in your written reply dated (specify date), as well as your oral reply of (specify date), the proposal. and the material relied upon in making the proposal. (if employee made no reply or replied only orally or only in writing, state so here. Also state any material considered which employee provided as part of the oral and/or written replies.) Listed below are my decisions on each of the reasons in the proposal notice. I have sustained reasons (state which are sustained), partially sustained reasons (state which are partially sustained), and not sustained reasons (state which are not sustained). LIST AND DISCUSS EACH REASON AND SPECIFY WHY SUSTAINED, PARTIALLY SUSTAINED, OR NOT SUSTAINED. DISCUSS MITIGATING CIRCUMSTANCES, IF ANY: REASON 1: REASON 2: etc. Therefore, it is my decision that in order to promote the efficiency of the service, you will be suspended for a period of (specify number) calendar days beginning (date) and ending on (date). You are expected to return to duty on (date). You have the right to grieve this action in accordance with the provisions contained in ATF Order 2770.1C, Employee Grievances, dated August 10, 1988. Such a grievance must be submitted in writing and must include the personal relief requested. Any grievance must be submitted within fifteen (15) calendar days of the effective date of the suspension to (name, title, and address).

If you believe that this action was taken in whole or in part on the basis of prohibited discrimination due to race, color, religion, sex, national origin, handicap, or age, you may wish to contact the office of Equal Opportunity (regional office address and telephone number) to initiate a complaint of discrimination. If you elect to pursue a discrimination complaint, you must contact an EEO counselor within thirty (30) calendar days of the effective date of this action. You may contact (name) of the Employee and Labor Relations Branch at (telephone number) regarding your rights and the procedures in this matter and/or to obtain a copy of ATF O 2770.1C, Employee Grievances. Pending the effective date of your suspension, you will (insert duty status. Example: remain in an active duty status assigned to your present position).

(Name of deciding official) CONTACT EMPLOYEE AND LABOR RELATIONS BRANCH FOR ADDITIONAL SAMPLES OF NOTICES OF DECISION ON DISCIPLINARY ACTION.

Exhibit 8 SAMPLE NOTICE OF REMOVAL OF PROBATIONARY EMPLOYEE (CONDUCT OR PERFORMANCE REASONS DURING EMPLOYMENT) MEMORANDUM TO: FROM: SUBJECT: (Employee's name and title) (Your title) Termination During Probation Period

In accordance with 5 C.F.R. 315.804, this is to notify you of my decision to terminate your employment with the Bureau of Alcohol. Tobacco and Firearms (ATF) during your probationary period. This action is being taken because during your probationary period you have failed to demonstrate your fitness for continued employment. Specifically, (discuss reasons for the action, and give examples of poor performance or conduct, such as: failure to complete assignments on time; consistent inability to assemble required reports, despite repeated instructions; excessive errors in typed products; excessive leave usage; etc.). Because of your failure to show your fitness for continued employment with ATF, your separation from the position of (title, series, grade, and office location) will be effective (date). This action may be appealed to the Merit Systems Protection Board (MSPB), if you believe that your termination was based on partisan political reasons or marital status. In addition, if you appeal to MSPB alleging discrimination on the basis of partisan political reasons or marital status, you may also include an allegation of discrimination because of race, color, religion, sex, or national origin; age, provided that at the time of the alleged discriminatory action you were at least 40 years of age; or physical handicap. A copy of the MSPB rules is attached. It is required that all petitions for appeal to MSPB be in writing and set forth the reasons for contesting the action. In addition, all of the information called for in part 1201, appendix 1, must be provided. This information may, as indicated, be provided on a copy of the appeals form contained in appendix I of the attached regulations. A petition for appeal must be filed any time during the period beginning with the day after the effective date of the action being appealed until no later than 20 days after the effective date. The procedures for appeal are found in the attached excerpt from the Code of Federal Regulations dated January 1, 1988. Parts 1200 and 1202 are also attached for your reference. Your appeal should be addressed to: (Address of appropriate regional MSPB office, as provided by Employee and Labor Relations Branch) As an alternative, you may elect to file a complaint of discrimination with the Office of Equal Opportunity (EO). If so, you must contact an EEO counselor within 30 days after the effective date of this action. Under the provisions of 29 C.F.R. 1613.405 and 5 C.F.R. 1201, you may elect one of the two appeal procedures outlined above, but not both. Your election of one of the appeal procedures will determine

the means by which any allegation of discrimination will be adjudicated. This appeal will be the sole remedy available to you in deciding whether discrimination was the reason for your termination. Pending the effective date of your separation, you will be retained (show status. For example: in your present position).

(Name) Attachments CONTACT EMPLOYEE AND LABOR RELATIONS BRANCH FOR ADDITIONAL SAMPLES OF NOTICES OF REMOVAL OF PROBATIONARY EMPLOYEES.

Exhibit 9 SAMPLE NOTICE OF PROPOSED REMOVAL OF PROBATIONARY EMPLOYEE (CONDITIONS ARISING BEFORE APPOINTMENT) MEMORANDUM TO: FROM: SUBJECT: (Employee's name and title) (Your title) Proposed Removal During Probation

In accordance with 5 C.F.R. 315.805, this is notice that I propose to remove you from your position of (title. series, and grade) no earlier than 10 calendar days from the date you receive this memorandum. The reasons for this proposed action are as follows (LIST REASONS BELOW): REASON 1: REASON 2: etc. AFTER LISTING THE REASONS FOR THE ACTION, DISCUSS EACH REASON SEPARATELY AND PROVIDE SUPPORTING SPECIFICATIONS. FOR EXAMPLE: REASON I Falsification of Official Documents Specification 1: Falsification of Standard Form 171, Personal Qualifications Statement (DESCRIBE) Specification 2: Falsification of Standard Form 86, Security Investigation Data for Sensitive Positions (DESCRIBE) Standard Form 171 contains a warning that a false statement on the form is a violation of Title 18, United States Code, Section 1001, and is punishable by fine or imprisonment. This same warning specifically states that a false statement "may be grounds for not hiring you, or for firing you after you begin work." Standard Form 86 requires the signature of the applicant/appointee on the form to certify that statements made by the signatory are true, complete, and correct to the best of his/her knowledge and belief, and are made in good faith. In your affidavit of (date), you admitted to the above falsifications and explained your reasons for your actions. Your explanation does not satisfactorily explain your falsification of official application forms. CONTINUE WITH AS MANY REASONS AS WARRANTED STATE HOW THESE ACTIONS AFFECT YOUR CONFIDENCE IN THE EMPLOYEE.

You may submit a written response to this proposal notice. You may also furnish affidavits in support of your answer. Your response should be submitted within 5 days after your receipt of this notice and should be addressed to (name, title, and address). No decision will be made concerning this proposed action until the expiration of the time allowed for a reply. Your reply will be given full and careful consideration and a decision will be made based on all of the information available at the end of the reply period. You will be notified in writing at the earliest practicable date of the decision in this matter. During the course of the advance notice period, you will (give appropriate duty status, for example: remain in an active duty status assigned to your present position).

(Name of proposing official) CONTACT EMPLOYEE AND LABOR RELATIONS BRANCH FOR ADDITIONAL SAMPLES OF NOTICES OF PROPOSED REMOVAL OF PROBATIONARY EMPLOYEES.

Exhibit 10 SAMPLE NOTICE OF DECISION TO REMOVE PROBATIONARY EMPLOYEE (CONDITIONS ARISING BEFORE APPOINTMENT) MEMORANDUM TO: FROM: SUBJECT: (Employee's name and title) (Your title) Decision on Removal During Probation

By memorandum dated (date), (name of proposing official) notified you of the proposal to remove you during your probationary period from your position of (title, series, and grade) for (state reasons, for example: falsification of official documents, etc.). That notice also informed you of your right to reply to the proposal. on (date), you submitted a written response. After careful analysis of all the facts pertinent to the proposed action and consideration of the information in your written response, I have determined that the charges are sustained and warrant your removal during probation. (STATE WHY AND HOW THE INFORMATION SUBMITTED BY THE EMPLOYEE DOES NOT MITIGATE THE PENALTY OF REMOVAL.) Accordingly, you will be removed effective (date). This action may be appealed to the Merit Systems Protection Board (MSPB), if you believe that your termination was based on discrimination because of partisan political. reasons or marital status, or if you believe that your termination was not effected in accordance with the procedural requirements of 5 C.F.R. 315.805. In addition. if you appeal to MSPB alleging discrimination on the basis of partisan political reasons or marital status, or improper procedures, you may also include an allegation of discrimination because (if race, color, religion, sex, or national origin; age, provided that at the time of the alleged discriminatory action you were at least 40 years of age or physical handicap. A copy of the MSPB rules is attached. It is required that all petitions for appeal to the 4SPB be in writing and set forth the reasons for contesting the action. In addition, all of the information called for in part 1201, appendix 1, must be provided. This information may, as indicated, be provided on a copy of the appeals form contained in appendix I of the attached regulations. A petition for appeal must be filed any time during the period beginning with the day after the effective date of the action being appealed until no later than 20 days after the effective date. An appeal to the MSPB should be filed at the following address: (Address of appropriate regional MSPB office, as provided by Employee and Labor Relations Branch) You may elect to file a complaint of discrimination with the Office of Equal opportunity (EEO). If so, you must contact an EEO counselor within 30 days of the effective date of this notice. Under the provisions of 29 C.F.R. 1613 and 5 C.F.R. 1202, you may elect one of the two appeal procedures outlined above, but not both. Your election of one of the appeal procedures will determine the means by which any allegation of discrimination will be adjudicated. This appeal will be the sole remedy available to you in deciding whether discrimination was the reason for your termination.

Pending the effective date of your separation, you will be retained (show status. For example: in your present position).

(Name of deciding official) Attachments CONTACT EMPLOYEE AND LABOR RELATIONS BRANCH FOR ADDITIONAL SAMPLES OF DECISION NOTICES FOR REMOVAL OF PROBATIONARY EMPLOYEES.

Exhibit 11 SAMPLE NOTICE OF REMOVAL OF SCHEDULE A EMPLOYEE (CONDUCT/PERFORMANCE REASONS) (NON-PREFERENCE ELIGIBLE) MEMORANDUM TO: FROM: SUBJECT: (Employee's name and title) (Your title) Termination of Schedule A Appointment

On (date), you took the Oath of Office to become a (title, series, grade of position) with the Bureau of Alcohol, Tobacco and Firearms. Prior to taking the oath. the nature of your Schedule A appointment was fully explained to you. You were also informed that appointments made under Schedule A are based upon selected persons having special skills and abilities which are needed for specific sensitive Bureau assignments, such as (explain skills and abilities, for example: the ability to work in an undercover capacity, to infiltrate targeted individuals and groups who are violating laws which our Bureau has been empowered to enforce, etc.). In addition, you were given a document to read entitled "Information on Schedule A Appointments". You then signed and dated a statement attesting to the fact that you understood the nature of a Schedule A appointment. Since your Schedule A appointment with the Bureau, you have been assigned to the (post-ofduty/group) under (supervisor's name and title). During the past (number) months you have received (describe on-the-job or classroom training, guidance, and/or assistance, etc.) with (indicate names of journeyman agents). You have also received direct training and guidance from your supervisor, (name). Your overall job performance and conduct have been closely monitored. Despite the ongoing training, guidance, and assistance you have received, your conduct and performance have proven to be unacceptable. You have not been responsive to the needs of the Bureau, nor have you performed your duties in accordance with Bureau standards. Specifically, (identify examples of unacceptable conduct and/or unsatisfactory performance, for example: consistent failure to follow direct orders; unprofessional demeanor in the presence of local law enforcement officers; engaging in official matters without prior approval when approval must be sought: being too often unavailable for work and providing insufficient reasons for your absence; and other appropriate examples). These problems adversely affect your ability to fulfill the functions for which you were hired. Accordingly, I am terminating your Schedule A appointment as a (position title) effective (date). You have the right to grieve this action in accordance with the provisions contained in ATF Order 2770.1C, Employee Grievances, dated August 10, 1988. Such a grievance must be submitted in writing and must include the personal relief requested. Any grievance must be submitted within fifteen (15) calendar days of the effective date of your removal to (name, title, and address). (NOTE:

Grievance rights are provided to Schedule A employees only when they have more than 12 months service.) You may contact (name) of the Employee and Labor Relations Branch at (telephone number) to obtain a copy of ATF O 2770.1C. If you believe that this action was taken in whole or in part on the basis of prohibited discrimination due to race. color, religion, sex, national origin, handicap, or age, you may wish to contact the Office of Equal Opportunity, (regional office and telephone number), to initiate a complaint of discrimination. Should you elect to pursue a discrimination complaint, it must be initiated within 30 calendar days after the effective date of the removal. Pending the effective date of your separation you will (insert duty status Example: remain in your present position).

(Name) CONTACT EMPLOYEE AND LABOR RELATIONS BRANCH FOR ADDITIONAL SAMPLES OF NOTICES OF REMOVAL OF SCHEDULE A EMPLOYEES.

Exhibit 12 SAMPLE DESIGNATION OF REPRESENTATIVE TO: FROM: I hereby designate: NAME: ADDRESS: TELEPHONE:

to represent me in the administrative action(s) in progress with the Bureau of Alcohol, Tobacco and Firearms (BATF). I authorize BATF to disclose to the above-named representative. and/or his/her agents, any and all requested information from my personnel, investigative, or administrative records.

SIGNATURE OF EMPLOYEE

DATE

*U.S. GOVERNMENT PRINTING OFFICE: 1995 - 387-604/22003