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WRITING CHARGES

WRITING CHARGES. Charge or LabelElementsSpecifications. CHARGE/LABEL. The labeling of the act(s) of misconduct an employee is accused of committing.Not required but failure to do so leaves the interpretation of the charge up to the reader. The Charge's Label. Charge" is often used interchang

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WRITING CHARGES

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    1. WRITING CHARGES LARRY ABLES VETERANS AFFAIRS

    2. WRITING CHARGES Charge or Label Elements Specifications

    3. CHARGE/LABEL The labeling of the act(s) of misconduct an employee is accused of committing. Not required but failure to do so leaves the interpretation of the charge up to the reader

    4. The Charge’s Label “Charge” is often used interchangeably with “Label” Shows what the agency thinks it charged The efficiency of the service Once labeled, that label must be proved Definitions of legal or criminal terms must be met

    5. CHARGE/LABEL Failure to Follow Leave Instructions Unauthorized Absence Sleeping on Duty Inappropriate Conduct

    6. ONE INCIDENT CAN SUPPORT MORE THAN ONE CHARGE Falsely claiming you were sick on 8/29/90 Unauthorized Absence on 8/29/90 Penalty Determination Jackson v Navy 91 FMSR 5718

    7. MERGED CHARGE Use of government property for other than official purposes Violation of administrative rules and regulations Penalty Determination Barcia v Army 91 FMSR 5718

    8. ELEMENT What must be proven Unless all the elements of a charge are proved, the entire charge will fall

    9. MORE THAN ONE ELEMENT Directing the unauthorized use of Government materials, manpower, and equipment for other than official purposes Burroughs v Army, U.S. Court of Appeals, 918 F.2d 10/31/90

    10. MORE THAN ONE ELEMENT Insolent, insubordinate, and threatening behavior Roseberry v VA, MSPB SE07529010619, 11/18/91

    11. CHARGE The charge and all of its components should meet the “reasonable person test”

    12. The Specification Generally follows the charge It need not be proven in its entirety If it is not intended to be proven, it doesn’t belong in the specification Provides the “who, what, when, where” There should be a separate specification for each charge

    13. SPECIFICATION A description of the event that gave rise to the charge(s). Must be clear to the accused employee

    14. SPECIFICATION On July 5, 2002 you were scheduled for duty. You failed to report for duty and did not receive leave approval. On May 15, 2002 missing government property was found in your vehicle by security personnel. You did not have authorization to possess the property.

    15. ONE CHARGE - SEVERAL SPECIFICATIONS Charge: Off duty misconduct Specifications: Harassing one woman both by phone and in person; Threatening a second woman with abusive phone calls; Physical assault of a third woman.

    16. Common Charge Problems Including the result in the charge If included -- the result must also be proven Pulling something out of the penalty guide

    17. Common Charge Problems (cont’d) Overwriting Use of adverbs and adjectives Specification does not support the label

    18. Problem Charges

    19. Problem Charges Third parties use two references for word meaning. If a specific legal term is used meaning, the definition in Black's Law Dictionary will apply .

    20. Problem Charges If a non-legal word is used, third parties will apply the definition found in Webster's Unabridged Dictionary, 2nd Edition and only to the plain meaning of the word will apply.

    21. INTENT One’s mental attitude, including purpose, will, determination, etc., at the time of doing an act Intent must be derived inferentially from circumstantial evidence, and all of the evidence must be considered

    22. DESCRIBING CHARGES ASSAULT Willful attempt to inflict injury upon another; An apparent ability to do so; and An intentional display of force which gives the victim reason to fear bodily harm Spearman v USPS, MSPB SF07528910197, 3/6/90

    23. DESCRIBING CHARGES THEFT Proof of intent to permanently deprive the owner of possession and use of property Nazelrod v DOJ, US Court of Appeals, Fed Cir 93-3017 12/27/94

    24. THREAT Listeners Reaction Listeners Apprehension of Harm Speakers Intent Conditional Nature of Statements Attendant Circumstances METZ vs. TREASURY

    25. ALTERNATIVE CHARGES THEFT THREAT ASSAULT UNAUTHORIZED POSSESSION INAPPROPRIATE CONDUCT STRIKING AN EMPLOYEE

    26. ALTERNATIVE CHARGES INSUBORDINATION ABANDONMENT OF DUTIES LYING FAILURE TO FOLLOW INSTRUCTIONS AWOL PROVIDING INACCURATE INFORMATION

    27. Charges Related to Injured Employees Failure to follow instructions Failure to accept a reasonable work assignment

    28. CHARGE A statement of the specific charges upon which the proposed action is based, including names, dates, places, and other data sufficient to enable the employee to fully understand the charges and to respond to them

    29. CHARGE A statement of any specific law, regulation, policy, procedure, practice or other specific instruction that has been violated, as it pertains to each charge (if applicable)

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