CONDUCT AND PERFORMANCE ISSUES James Reno LER Specialist

1. CONDUCT AND PERFORMANCE ISSUES James Reno LER Specialist

2. PERFORMANCE BASED ACTIONS PERFORMANCE OR CONDUCT

3. PERFORMANCE OR CONDUCT • Evaluate the Issue • Conduct vs. Performance • Conduct LER for Assistance • Conduct: Counseling, Warning or Discipline • Performance: PAP, PIP

4. CONDUCT ACTIONS5 USC Chapter 75 EMPLOYEE WILL NOT PERFORM THE JOB THAT HE/SHE IS OFFICIALLY HIRED TO DO.

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

6. Disciplinary Procedures • Pre-Disciplinary Letters of Caution/Concern/Lv Restriction • Letters of Warning • Official Letter of Reprimand • Suspensions <14 Days • Suspensions >14 Days • Removal

7. A Discipline Case Performance vs. Conduct Performance Issue Conduct /T&A Discipline Alternative Discipline Agreement Administrative Actions

8. PERFORMANCE ACTIONS5 USC 4303 EMPLOYEE CAN NOT PERFORM THE JOB THAT HE/SHE IS OFFICIALLY HIRED TO DO.

9. WHY ADDRESS PERFORMANCE ISSUES • Employee performance is critical to the Agency’s Mission. • Failing to Address Performance sends the wrong message to other employees. • Poor Performance almost always gets worse. • Taking action usually leads to a more productive work environment.

10. Why Managers don’t deal with Poor Performing Employees Time and Effort Past Performance Tolerated Conflict Issues Lack of Support

11. PERFORMANCE ISSUES When? • Address a Problem Early-Don’t Wait for a Crisis • On-Going Feedback • Mid-Year Evaluation • Annual Appraisal

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

13. First Steps in a Performance Based Action • Review the Position Description • Analyze the Plan • Evaluate the CJE’s • Carefully review the Performance Standards-minimum of 90 days

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

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

16. Assistance Efforts • Formal Training/Classes • OJT • Counseling • Mentor/Peer Assistance • Other Assistance

17. Performance Assistance Plan • Informal Opportunity to Improve Performance to the FS level. • Must be at least 45 days long • Must be a collaborative effort with the employee (Supervisor’s option to include the Union.)

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

19. PERFORMANCE IMPROVEMENT PLAN(PIP) • Required when an Employee’s Performance falls to the Unsatisfactory Level. • A Formal Opportunity Period to Improve Performance to the FS Level. (5 U.S.C. 4302(b)(6)

20. PERFORMANCE IMPROVEMENT PLAN • Includes the CJE and standards for which the employee’s performance is deficient. • Documents performance deficiencies: failure to meet the standards.

21. Performance Improvement Plan • Schedule of periodic performance reviews with scheduled dates. • List of Assignments with due dates or completion dates.

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

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

24. PERFORMANCE IMPROVEMENT PLAN If the employee’s performance remains Unsatisfactory, the supervisor will consider the following performance based actions:

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

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

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

28. A Performance Case • A Performance Based Removal Performance PAP/PIP VIWP/Conduct Performance Based Removal (432) Grievance Negotiations ReasonableAccommodation Workplace Violence Discontinued Service

29. PREVENTING POOR PERFORMANCE • Communicate your Expectations-PARS Plan • Provide Regular Feedback • Recognize and Reward Performance • Hold Employees Accountable for Results

30. KEYS TO A SUCCESSFUL PERFORMANCE MANAGEMENT PROGRAM COMMUNICATION FEEDBACK ACCOUNTABILITY RESULTS