6100 Page 1 of 24 FOREST SERVICE MANUAL EASTERN REGION (REGION 9) MILWAUKEE, WI FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE Supplement No.: R9 RO 6100-2004-2 Effective Date: September 16, 2004 Duration: This supplement is effective until superseded or removed. Approved: FORREST L. STARKEY Acting Deputy Regional Forester Date Approved: 9/16/2004 Posting Instructions: Supplements are numbered consecutively by Handbook number and calendar year. Post by document; remove the entire document and replace it with this supplement. Retain this transmittal as the first page(s) of this document. The last supplement to this Handbook was 6180-2004-1. New Document R9 RO 6100-2004-2 24 Pages Superseded Document(s) 6100-93-1 14 Pages Digest: In order by code, summarize the main additions, revisions, or removal of direction incorporated in this supplement. This supplement contains the following exhibits: 1. Delegations of personnel authorities to line officers (ex. 01). 2. Criteria and Guidelines for Personnel Authorities (ex. 02). 3. Sample Delegation of Employment Authority Letter (ex. 03). 4. Sample Delegation of Classification Authority Letter (ex. 04). 5. Disciplinary and Performance Based Actions Procedures (ex. 05). R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 2 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104 - RESPONSIBILITY 6104.1 - Line Officers Line officers have the responsibility to ensure that management decisions take into account personnel management considerations, objectives, and policies; that personnel offices and programs are effectively and efficiently utilized and managed to accomplish Forest Service programs; and that managers and supervisors have the skill and knowledge to carry out their personnel responsibilities. See exhibits 01- 05 for line officer responsibilities: 1. Delegations of personnel authorities to line officers (ex. 01). 6. Criteria and Guidelines for Personnel Authorities (ex. 02). 7. Sample Delegation of Employment Authority Letter (ex. 03). 8. Sample Delegation of Classification Authority Letter (ex. 04). 9. Disciplinary and Performance Based Actions Procedures (ex. 05). R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 3 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 - Exhibit 01 Delegations of Personnel Authorities X May redelgate to next lower orgainzational level. O Delegation is limited to organizational level N No, the authority is not delegated and may not be exercised. RPO Regional Personnel Officer Delegated Authority Reference 6130 – Employment & Status Change 1. GM/GS-14 and -15, employment authority FSH 6109.41-DPM including appointment, promotion, reassignment Letter No. 981-1. (including directed reassignments within and between units), transfer, detail, and separation not for cause. a. All reassignments, transfers, separations or Same promotions to GM/GS-14 and GM/GS-15 research scientist positions (those classified by panel under the Research Grade-Evaluation Guide or Equipment Development Grade-Evaluation Guide), provided the individual's current position is also a research scientist position. b. Reassignments of transfers from nonresearch Same to research scientist positions and from nonresearch to research positions covered by research grade evaluation panel. c. All other GM/GS-14 and GM-15 positions, FSH 6109.41-DP except Personnel Officer, GS-201-14 and –15 and Letter No. 981-1; Administrative Officer GS-341-14 and –15. FSH 6109.41-DPM 335. 2. GS-1 through GS/GM-13 and all Federal Wage FSH 6109.41-DPM Grade employment authority including Letter No. 981-1. appointment, promotion, reassignment (including directed reassignments within and between units), transfer, detail, and separation not for cause. 3. Temporary promotions and details (NTE 120 FSH 6109.41-DPM days). Letter No. 981-1. a. GM/GS-14, GM-15, existing positions. Same b. GS-1 through GS/GM-13 and all Federal Same Wage Grade. 4. Extension of details beyond 120 days up to 1 FSH 6109.41-FPM/DPM year (GM/GS-13 and below). 300, Subchapter 8; DPM Letter No. 981-1, Subchapter 4-1. RF Authority Delegated To ROSD FS Special Provisions N N N N N N N N N N N N X RPO O O X RPO RPO N O X RPO O See Exhibit 2 R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 4 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 - Exhibit 01 - - Cont. Delegated Authority 6130 – Employment & Status Change 5. Temporary limited appointments including extensions. Reference RF Authority Delegated To ROSD FS Special Provisions FSH 6109.41-FPM 316, Subchapter 4, FPM Letter 316-21 (dated 1/2/85). 6. Authority to sign personnel actions. FSH 6109.41-DPM 277. a. ES-1 to –6 Same. b. GM/GS-16 to -18 Same. c. GM/GS-1 to -15 Same. d. All Wage Grade temporary positions, NTE 1 Same. year. X N O X X N N RPO RPO N N O O 7. Training agreements. X RPO O X RPO O X RPO O N N N X RPO O X RPO O N N N FSH 6109.41-FPM 271, Subchapter 7; FPM Letter 300-34; FSH 6109.41DPM 410 and 413. 8. Waiver of physical requirements. FSH 6109.12 Section 21.3. 9. Employment extension of graduate students in FSH 6109.41-FPM scientific, professional, or analytic positions. 213, Appendix C; DPM Letter 981-1; 5 CFR 213.3102(p). 10. Appointment of experts and consultants. FSH 6109.41-FPM 304, Subchapter 1, Appendix A. 11. Appointment based on service in the Office of FSH 6109.41-FPM 315, the President or on the White House Staff. Subchapter 6; DPM Letter No. 981-1, Subchapter 4-1. 12. Appointment based on Legislative or Judicial Same. Service. 13. Exclusion from General Schedule and 5 U.S.C. 5301, 5321 approval of maximum stipends for certain student (2)(b), 5352, DPM employees. Letter No. 981-1, Subchapter 4-1. RPO O Employment Officers will sign over the title “Employment Officer.” No Employment Officer may approve an Action on him/herself or on any person who is in direct line of supervision above him/her except as provided in DPM 277. R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 5 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 - Exhibit 01 - - Cont. Delegated Authority 6130 – Employment & Status Change 14. Reduction in Force (RIF): after approval, units proceed under their own employment authority. a. Reduction in force b. Transfer of function. c. Furlough of any length. d. Exceptions to standard competitive areas. 15. Extension of a RIF notice period beyond 90 days. 16. Noncompetitive appointment of certain disabled veterans. 17. Appointments of certain local physicians, surgeons, and dentists employed under contract or on a part-time or fee basis when appointment through competitive examination is impractical. 18. Approval for filling shortage positions with prison inmates on Work Release Programs. Authority Delegated To ROSD FS Special Provisions Reference RF FSH 6109.41FPM/DPM-351; FSM 6132.03. N N N N N N N X N N N N RPO N N N N O X RPO O X RPO O X RPO O X RPO O X RPO O X RPO O X RPO O X RPO O X RPO O FSH 6109.41-FPM 351, Subchapter 6. FSH 6109.41-FPM 315, Subchapter 7; DPM Letter No. 981-1; 5 CFR Rule 3.1(a)(2); 5 CFR 315.604(b). FSH 6109.41-FPM 213, Appendix C; 5 CFR 213.3102(x). FSH 6109.41-FPM 306, Subchapter 1; 5 CFR 213.3102(x). 19. Approval when hiring National Science DPM Letter No. 981-1, Contest 5 CFR213.012(y), FSH Finalists as summer assistants. Appendix C-1 (y). 6109.41-FPM 213, Appendix C-1 (y). 20. Emergency-indefinite appointments in a FSH 6109.41-FPM 230, national emergency. Subchapter 4; 5 CFR 230.402. 21. Overseas limited appointments. FSH 6109.41-FPM 301, Subchapter 2; 5 CFR 301.201. 22. Extensions beyond 1 month of emergency FSH 6109.41-FPM 310, appointments of family members of agency Subchapter 2 and personnel. Letter 981-1; 5 CFR 310.202. 23. Conversion to career employment of indefinite FSH 6109.41-FPM 315, or TAPER appointments. Subchapter 7-6; 5 CFR 3304a; 5 CFR 315.703a. 24. Appointment of severely physically FSH 6109.41-FPM 213, handicapped or mentally retarded sons and Appendix G; daughters of agency personnel for summer or 5 CFR 213.3101(b). student employment. R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 6 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 - Exhibit 01 - - Cont. Delegated Authority 6130 – Employment & Status Change 25. Noncompetitive appointment of former Peace Corps, VISTA and ACTION cooperative volunteers. Reference E.O. 12034; E.O. 11103; Domestic Volunteers Act of 1973; FSH 6109.41FPM/DPM-315, Subchapter 6. 26. Schedule A, Section 213.3102(u), FSH 6109.41-FPM 306, Appointment of severely physically handicapped Subchapter 4; DPM individuals. Letter No. 981-1, Subchapter 4-1. 27. Assignment of excepted employees to CS Rule 6.5; DPM competitive positions (Sch. A & B). Letter No. 981-1, Subchapter 4-1. 28. Employment – IPA Agreements (appointment FSH 6109.41-FPM/DPM or detail). 334. 29. TAPER appointment to Worker-Trainee FSH 6109.41-FPMpositions, including reassignment and promotion Letter No. 316-16; through GS-3 and WG-4. FSH 6109.41-DPM 316, Subchapter 2. 30. Examining authority for competitive positions. a. For midlevel positions GS-9 through GS-12 FSH 6109.41-FPM and GM-13 Senior level when delegated by OPM. Letter No. 331-7 (in Chapter 337); DPM Letter No. 331-4. b. For senior level positions, GM/GS-14 Same. through –15, when delegated by OPM c. For Forestry Aid/Technician positions OPM/USDA Delegation (GS-462-2/7), when delegated by OPM Agreement, 7/22/80. d. For all other positions. FSH 6109.41-FPM Letter No. 331-7; DPM Letter No. 331-4. 31. Advance in-hiring rates based on superior FSH 6109.41-DPM qualifications. Letter No. 338-9. 32. Term promotions, of up to 4 years. Beyond 4 FSH 6109.41-FPM 335, years requires OPM approval. Appendix A; FSH 6109.41- DPM Letter No. 981-1, Subchapter 5-1. 33. Direct-hire examining authority for FSH 6109.41-FPM professional engineers, GS-5 through Bulletin 332-79. GS-11. 34. Term employment. FSH 6109.41-FPM/DPM 316, Subchapter 3. RF Authority Delegated To ROSD FS Special Provisions X RPO O X RPO O X RPO O N N N X N O X RPO O O N N X RPO O N N N X N O X N O X RPO O X RPO O R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 7 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 - Exhibit 01 - - Cont. Delegated Authority 6130 – Employment & Status Change 35. Conversion of disabled Service-connected disability of 30 percent or more to career or career-conditional appointment. 36. Alaska local hire program. *Redelegated to R-10 only. 37. Directed reassignment among Regions, Stations, Area and WO 38. Payment of travel and transportation to first post of duty. 38. Payment of travel expenses for preemployment interviews. 39. Demonstration Project a. Recruit and evaluate candidates for senior level Case-by-case approval is required from the Chief's Office. Final selection shall be made by the Chief. b. GS-1 through 13 and wage positions. c. Make shortage category determinations. d. Modify qualifications. e. Sustain request to pass over a veteran for temporary employment. f. Negotiate and pay cash incentives under Demonstration Project authorities. g. Negotiate and pay travel and transportation to first post of duty Demonstration Project authorities. Authority Delegated To ROSD FS Special Provisions Reference RF FSH 6109.41-FPM 315, Subchapter 7-8. X RPO O 16 U.S.C. 3198; Director of Personnel's ltr. 3/8/82. N N N N N N FSH 6109.41-FPM 572, DPM Letter No. 572-1. (See para. 39 for authorities under Demonstration Project.) X RPO O Same. X RPO O O RPO N X X RPO RPO O O O N N X N O X N O Federal Register Vol. 55, page 9062, published March 9, 1990; FSM 6134; FSH 6109.16. (Additional references for specific authorities under Demonstration Project follow:) FSH 6109.41-FPM 337. FSH 6109.41-FPM/DPM 332. FSH 6109.41-FPM/DPM 332; DPM Letter No. 572-1. FSH 6109.41-FPM 211 and 332. R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 8 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 - Exhibit 01 - - Cont. Delegated Authority 6140 – Awards 1. $5,000 to $l0,000. Reference RF Authority Delegated To ROSD FS Special Provisions FSH 6109.41-DPM 451; FSM 6144.04. FSH 109.13, Chapter 30. a. Up to $5,000 for accomplishments limited to Same. one Region, Station, Area, or WO Deputy Chief. b. Up to $2,500 to Forest Supervisors for Same. accomplishments limited to one National Forest. N N N X O O X N X c. Up to $1,000 to District Rangers and Project Same. Leaders for accomplishments limited to one Ranger District or Research Project. 2. Quality step increase. FSH 6109.41-DPM 451; FSH 6109.13, Chapter 30. 3. Spot Awards. FSH 6109.41-DPM Letter No. 451-11; FSH 6109.13, Chapter 30; FSH 6509.13b, Chapter 0700. X N X X O X X X X 6140 – Training 1. Authority to approve training from nonGovernment sources. FSM 6141; FSH 6109.41-FPM/DPM 410, Subchapter 3. a. 1 year to 2 years. Same. Waiver must be documented b. 240 hours to 1 year. Same. c. 240 hours or less. Same. 2. Waiver of the limitation on 1 year training in 10 FSH 6109.41-FPM 410 years of employment. Subchapter 5. 3. Waiver of less than 1 year of current, Same. continuous civilian service. O N N X X N O X N O X N X O O 4. Waiver of repayment for failure to fulfill service agreement. N N N N N N O N N 5. Assignment to training outside continental limits of the United States. 6. Acceptance of contributions, awards, or payments in connection with training in nonGovernment facilities. FSH 6109.41-DPM 410 Subchapter 3. FSH 6109.41-DPM 410, Subchapter 7. Cash award delegations, including QSI’s, do not include awards for immediate subordinates. Award forms must be certified as technically correct by a reviewing official trained in awards requirements. Note – RO HR will sign SF-182’s as Training Officer for all non-government college courses training requested by RO Staffs Staff Directors muse consult with HR before approving. R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 9 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 - Exhibit 01 - - Cont. Delegated Authority 6140 – Training Cont. 7. Free training. 6140 - Performance Appraisal 1. Conduct non-SES performance ratings. 2. Conduct final SES performance ratings. RF Same. X X X FSH 6109.41-DPM 430, Subchapter 2, Section 4c. 5 U.S.C. 43, Sub-chapter 11. X X X N N N N O N N N N X RPO N X RPO O O RPO N X RPO O N N N O RPO N X O RPO RPO O1 N X RPO O X RPO O 6150 - Position Classification 1. GM/GS-14 and -15 positions. FSM 6151.04 2. GM/GS-14 scientists' positions evaluated by an Same. evaluation panel using the Research Guide or Equipment Development Guide. 3. New Temporary (NTE 120 days) GS/GM 14 and 15 positions and classification recertification of existing GS/GM-14 and 15 positions when filled on a temporary (NTE) 120 basis. 4. GS-1 through GS-13 and all Federal Wage Same. Grade positions. a. Any positions that will establish a precedent in Region 9. 5. Position equal to supervisor's grade (grade Same. stacking) except positions under Research Guide or Equipment Development Guide. 6. GM-201-13 Personnel Officer. FSH 6109.41-DPM 511, Appendix D, Section D-1, Item a(l). 7. Make final agency decision on job-grading FSH 6109.15, appeals concerning wage-grade classification Section 17. decisions made below the Regional or Station level. Note: Individuals may not classify: FSH 6109.41-DPM 511, Subchapter 1. a. Their own position. Same. b. Position in direct line of supervision above Same. theirs. 6150 – Pay 1. Waive overpayment of pay (to $3,000). FSM 6152.21. 2. Establish construction wage schedules for FSH 6109.41-FPM-SFederal Wage System employees. 532-1, Subchapter 4. 3. Employ casual fire-fighters. FSH 6109.11, Section 15; FSH 5109.34. 4. Withholding WGI. FSH 6109.11, Section 14; FSH 6109.41-FPM 1 Forest Authority is limited to $500.00 Authority Delegated To ROSD FS Special Provisions Reference Note: Delegated to specific qualified individuals who meet the criteria in Exhibit 2 at the Forest Level by letter from the Regional Forester. In addition to the exceptions made by the Chief’s Office, a Forest-level classifier may no classify any position that will establish a precedent for Region 9 without discussion with Human Resources in the Regional Office. R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 10 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 531. 6104.1 - Exhibit 01 - - Cont. Delegated Authority 6140 – Training Cont. 5. Pay adjustment for supervisors. Reference RF Authority Delegated To ROSD FS Special Provisions FSH 6109.41-FPM 531, 5 U.S.C. 5333. 6. Waiver of reduction of military retirement pay. 5 U.S.C. 5532; CFR 550.603. 7. Dual employment: Pay for more than one FSH 6109.41-FPM 550, position for more than 40 hours a week. Subchapter 5; FSH 6109.41-DPM Letter No. 300-17. 8. Remote worksite commuting allowances. 6152.04b; FSH FSM 6109.11, Section 17; 5 U.S.C. 5942; S-990-2, Book 591, S3. 9. Backpay. FSM 6152.22; FSH 6109.11, Section 16.6; 6109.41-FPM 550, Subchapter 8. 10. Payment of travel and transportation to first FSH 6109.41-DPM post of duty. Letter No. 572-1. (See 6130, para. 39 for authorities under Demonstration Project.) 11. Payment of travel expense for pre-employment Same. interviews. 12. Garnishment for child support and/or alimony. FSH 6109.11, Section 16.3; FSH 6109.41-DPM 581, Subchapter 1. X RPO O O RPO N N N N N N N X RPO O X RPO O X RPO O O RPO N 13. Garnishment for bankruptcy. X RPO O O RPO N N N N X RPO O2 FSH 6109.11, Section 16.4, FSH 6l09.41-DPM 550, Subchapter 3, Item 3-12. 14. Indebtedness to the Government. Waiver of FSH 6109.11, Section minimum deduction. 16.1-16.28. 15. Recruitment and relocation bonuses and FSH 6109.41-DPM retention allowances for GS/GM 14-15 and ST/SL Bulletin No. 575-1. positions. 16. Recruitment and relocation bonuses and FSH 6109.41-DPM retention allowances for GS/GM 1-13 positions. Bulletin No. 575-1. 6150 - Uniforms 1. Positions designated on a Service-wide basis to FSM 6159.03a. own and wear, as appropriate, the Forest Service 2 See Note #11 of Washington Office Delegations. N Employing Office to forward claim direct to Office of General Counsel R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 11 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE uniform. 6104.1 - Exhibit 01 - - Cont. Delegated Authority Reference 6150 – Uniforms Cont. 2. Positions in addition to those covered in item 1. FSM 6159.03a. 6160 – Tours of Duty and Leave 1. Establish regularly scheduled tours of overtime FSH 6109.41-DPM 550, service. Subchapter 1, Item 1-3. 2. Authorize and approve irregular or unscheduled FSM 6160.42; FSH overtime work. 6109.11, Section 21; FSH 6109.41-DPM 550, Subchapter 1; FSH 5109.34. 3. Establish standard tours of duty and hours per FSH 6109.11, Chapter day. 20; FSM 6160.3; FSH 6109.41-DPM 610, Subchapter 1. 4. Establish indefinite weekly tours of duty. FSH 6109.11, Chapter 20; FSH 6109.41-DPM 610, Subchapter 1. 5. To adjust normal workweek to meet emergency Same. conditions. 6. Establish clock hours and days of the week for FSH 6109.11, Chapter part-time and intermittent workers. 20; FSH 6109.41-DPM 610, Subchapter 1. 7. To close Forest Service office or activity and FSH 6109.11, Section administratively release employees for up to 5 24; FSH 6109.41-FPM/ work-days because of extreme weather or other DPM 610, Subchapter 3. specified conditions. 8. Adjust workweek for educational purposes. FSH 6109.11, Section 22.13; FSH 6109.41FPM/DPM 610, Subchapter 1. 9. Establish regularly scheduled standby tours of FSH 6109.41-FPM/DPM duty (standby differential). 550, Subchapter 1; FSH 6109.41-FSPM S-990-2, 550, Subchapter 1. 10. Establish nonstandard tours and schedules at FSM 6160.3; FS civilian conservation centers and nonstandard tours 6109.11, Section 22; for other units. FSH 6109.41-FPM/DPM 610, Subchapter 1. 11. Approve split shifts. FSH 6109.41-FPM/DPM 610, Subchapter 1. 12. Order and approve holiday work. FSM 6152.04; FSH 6109.11, Chapter 10; FSH 6109.41-FPM 550, Subchapter 1 RF Authority Delegated To ROSD FS Special Provisions X X X X RPO X X O X X RPO X X RPO O X RPO X X X X X N X X RPO O N N N X RPO X X RPO X X X X R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 12 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 - Exhibit 01 - - Cont. Delegated Authority 6160 – Tours of Duty and Leave Cont. 13. Excused absence. 14. Leave. 15. Restoration of forfeited annual leave. 16. Establish work schedule for employees teaching at educational institution. 17. Establish office hours. 18. Group dismissals. 19. Establish or modify alternative work schedules. 6170 – Discipline 1. Adverse actions including termination of probationary, term, and temporary employees, and letters of reprimand, except furlough. a. SES. b. GM/GS-14 and -15. c. Schedule A through GM/GS-13 and all wage grade. d. Others through GM/GS-13 and all wage 3 Authority Delegated To ROSD FS Special Provisions Reference RF FSM 6160.3; FSH 6109.11, Section 25.2; 6109.41-FPM/DPM 630, Subchapter 11. FSH 6160.3; FSH 6109.11, Sections 25 and 26; FSH 6109.41FPM/DPM 630. FSH 6109.11, Section 26.18. FSH 6109.41-FPM/DPM 610, Subchapter 1. FSH 6109.41-DPM 610, Subchapter 1. FSH 6109.11, Section 25.3; FSH 6109.41-DPM 630; Subchapter 11. FSM 6161.04a. X X X X X X3 X RPO O X RPO X X N O X N X O N N N N N FSH 6109.41-FPM/DP 751, 752, 771; FSM 6170. N N N Same. X O4 O5 FSH 6109.41-FPM/DPM X O6 X7 FSH 6109.41-FPM/ DPM 315, 316, 751, 752, 771; FSM 6172. FSH 6109.41-FPM 752. FS limited to cases in which the employee does not have appeal rights under MSPB. May be redelegated to Work Supervisor. Delegation to Forest Supervisors/Staff Directors limited to individuals who have received formal ER/LMR Training (5 days). Please be sure to follow the guidance in FSM and in Exhibit 3 of this document. 5 Delegation to Forest Supervisors/Staff Directors limited to individuals who have received formal ER/LMR Training (5 days). Please be sure to follow the guidance in FSM and in Exhibit 3 of this document. 6 Authority is delegated to Forest Supervisors/Staff Directors to propose and decide adverse actions involving employees through the GS-13 level and all wage grades provided they have received appropriate ER/LMR Training and follow the guidance in FSM and in Exhibit 3 of this document. 4 R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 13 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE grade. 751, 752, 771 6104.1 - Exhibit 01 - - Cont. Delegated Authority 6170 – Discipline Cont. 2. Furlough up to 30 days. 3. Cases referred from MSPB Special Counsel. 4. Removal/demotion for unacceptable performance. a. GM/GS-14 and -15 b. Others through GM/GS-13 including wage grade. c. Extension of 30-day notice period. Appeals, Grievances, Complaints 1. Reconsideration of WGI withholdings. 2. Grievances. a. Informal. b. Formal (1) Proposed disposition (2) Final decision. c. Disallow employee representatives on grievance cases. 3. Equal Employment Opportunity Complaints (formal). 7 Authority Delegated To ROSD FS Special Provisions Reference RF FSH 6109.41-FPM/DPM 351; FSM 6132.03, 6132.04. 5 U.S.C. 1206, FSM 6172. FSH 6109.41-FPM 432; FSM 6172. Same Same N N N N N N N X N O8 N O9 FSH 6109.41-FPM/DPM 432. X O10 O11 FSH 6109.41-DPM Bulletin 752-16, FPM/DPM 531 and 771; FSM 6172.2. O N N X X X O N X N N O N N O N N N FSH 6109.41-DPM 771; FSM 6173. Same. Same. FSH 6109.41-FPM 771, Subchapter 2. FSH 6109.41-DPM 1613; FSM 6175. Authority is delegated to Forest Supervisors/Staff Directors to propose and decide adverse actions involving employees through the GS-13 level and all wage grades provided they have received appropriate ER/LMR Training and follow the guidance in FSM and in Exhibit 3 of this document. 8 Authority is delegated to Forest Supervisors/Staff Directors to propose and decide adverse actions involving employees through the GS-13 level and all wage grades provided they have received appropriate ER/LMR Training and follow the guidance in FSM and in Exhibit 3 of this document. 9 Must have received appropriate training, as per Regional Office direction. 10 Authority is delegated to Forest Supervisors/Staff Directors to propose and decide adverse actions involving employees through the GS-13 level and all wage grades provided they have received appropriate ER/LMR Training and follow the guidance in FSM and in Exhibit 3 of this document. 11 Must have received appropriate training, as per Regional Office direction. R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 14 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 - Exhibit 01 - - Cont. Delegated Authority 6170 – Discipline Cont. Labor-Management Relations Conflict of Interest / Employee Conduct Authority Delegated To ROSD FS Special Provisions Reference RF See DR4070-711 FSH 6109.41-DPM 735; USDA Employee Handbook, Agriculture Handbook No. 454, Appendix I. FSM 6174. FSM 6174. X O X REA O N USDA Employee Handbook, Agriculture Handbook No. 454, Appendix I. 4. Review and determination of conflict of interest FSM 6174. for employees not required to file a financial statement. 5. Approval of financial interest, land ownerships, FSM 6174; USDA and outside employment. Employee Handbook, Agriculture Handbook No. 454, Appendix I. 6. Use of information in teaching, lecturing, or Same. writing which the general public does not have access to. 7. Teaching, lecturing, and writing all other cases. Same. O REA N O REA N O REA N Regional Ethics Advisor O REA N Regional Ethics Advisor O REA N 8. Serving as consultants or advisors. Same. O REA N 9. Review of determinations at employee's request. CONCERN 1. Employee Assistance Program. Same. O REA N Regional Ethics Advisor Regional Ethics Advisor Regional Ethics Advisor FSH 6109.41-FPM 792; FSM 6143. X RPO O FSH 6109.41-FPM/DPM 732; FSM 6174.2. X RPO O FSM 6232. N N N FSH 6109.41-DPM 1613. FSM 1450; FSM 5300; FSM 6172; FSH 6109.41DPM 751 and FSPM 751. FSH 6109.41-FPM/DPM 731; FSM 6174.3. Same. O O N RPO N N X RPO N 1. Counseling and advisory service. 2. Statements of financial interest initial review. 3. Statement of financial interest - determination on conflicts. Security Program 1. Designate sensitive positions 2. Review classified material. Investigations 1. EEO complaints (formal). 2. Employee misconduct. Suitability Program 1. Request investigation. Regional Ethics Advisor (REA) Regional Ethics Advisor Regional Ethics Advisor Delegated to same individual as classification authority. R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 15 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 - Exhibit 01 - - Cont. Delegated Authority 6170 – Discipline Cont. 2. Determine suitability. 6180 - Retirement 1. Agency-filed disability. a. GM/GS-14 and -15. b. Others through GM/GS-13. 2. Trial. RF Same. X RPO N N X N RPO N O12 X RPO O N N N N N N13 N N N14 X RPO O N N N N N N X RPO X X RPO X X RPO X 5 CFR 831.1203; FSH 6109.41-FPM/DPM S-830-1, and FPM 339. Same. Same. FSH 6109.41-DPM 831; FSM 6182.04. a. Create program b. Approve agreements. 3. Mandatory retirement for age (firefighting and FSH 6109.41-FPM S-830law enforcement personnel) - (5 U.S.C. 8336(c) 1. and 8412(d)). 4. Exceptions to the maximum entry age for FSH 6109.12, Chapter 40. primary positions. 5. Coverage of positions under 5 U.S.C. 8336(c) 5 CFR 831.907; FSH (CSRS). 6109.12, Chapter 40. 6. Coverage of position under 5 U.S.C. 8412(d) 5 CFR 842.803; (FERS). FSH 6109.41-DPM 511; FSH 6109.12, Chapter 41. 7. Coverage under 5 U.S.C. 8336(c) and 8412(d) Same. of employees in approved positions. 8. Coverage under 5 U.S.C. 8336(c) of employees Same. not in approved positions. 9. Coverage under 5 U.S.C. 8412(d) of employees Same. not in approved positions. 10. Office of Worker's Compensation Programs FSH 6109.41-DPM 810; (OWCP). Submission of forms direct to OWCP. FSM 6181.1; FSH 6109.12, Chapter 30. 6444 - Government-Sponsored Child Care Facilities Authorization to provide space for childcare FSM 6444 facilities. 6700 - Safety and Health Program 1. Safety investigations.15 FSM 6700; FSH 6709.12. 2. Approval for procurement of personal FSM 6740.4 protective equipment. 12 Authority Delegated To ROSD FS Special Provisions Reference Forest Supervisors approve through GS-11 only. Forest Supervisors have authority if the position matches one previously approved by OPM or USDA. 14 Forest Supervisors have authority if the position matches one previously approved by OPM or USDA. 15 Delegations vary. See reference. 13 R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 16 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 – Exhibit 02 Criteria and Guidelines for Personnel Authorities Criteria for Delegation of Employment Authority: Forest Supervisors may exercise their employment authority only under the following conditions: 1. Employment authority may only be delegated to incumbents for positions GS-9 and above (see 6 below for exception) that are classified in series GS-201 or GS-341, who meet the requirements below and who have been approved by the Regional Office – Human Resources Director as technically competent. 2. Forest employees delegated Employment Authority other than the Forest Supervisors must have had the training shown below. a. Required Training (1) Basic Personnel Management course (USDA Graduate School or USDA correspondence course).16 (2) Basic Staffing and Placement (formal USDA Graduate School course). (3) Interviewing or Counseling Techniques (formal or On-the-Job) (4) At least 6 months specialized experience covering the following areas: placement, recruitment, qualification analysis, AVUE Digital Services system, and in the Demonstration project. (5) One week detail to a Service Center or Human Resources in the Regional Office. Details to include: role of the human resource specialist in employment, integrity of the federal personnel system, authorities for employment, recruitment, qualifications standards, merit promotion program, EEO, Summer/Seasonal employment, etc. Employee delegated authority for employment limited to one year or less are exempt from this requirement. b. Suggested Training (1) Detail to an OPM Office for purpose of understanding the role of the OPM in the employment function. 16 All Human Resources trainees serving Eastern Region units must complete these courses. An employee who has a delegated employment authority and exercised that authority satisfactorily does not have to requalify upon reassignment to another unit. R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 17 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 – Exhibit 02 - - Cont. (2) X-118-C Training (USDA Graduate School course) Through this training and experience, the recipient must have demonstrated the knowledge learned. This knowledge may be evaluated through on-site reviews, paper work reviews of personnel action by the Regional Office or Service Center, or other devices. 3. Re-delegations under this authority must be in writing (Exhibit A) to a specific individual certified as technically competent by the Regional Office Human Resources Director. 4. Employment Authority will be exercised in accordance with the policies, procedures, and limitations contained in the Forest Service Manual, Department Personnel Manual, Code of Federal Regulations and other appropriate manuals and directives. 5. Any proposed delegation to employees in positions below GS-9 requires prior approval of the Regional Forester. This delegation is limited to Employment Authority of one year or less. To be eligible for this delegation, an individual must be a GS-5 or above and have had the following training: a. Basic Personnel Management course (USDA Graduate School or USDA correspondence course).17 b. At least 6 months specialized experience covering the phases of staffing work. Documentation of satisfactorily meeting these requirements must be done and approved by the Regional Human Resources Director before delegation is made. Criteria for Delegation of Position Classification Authority: 1. The Regional Office Human Resources Director certifies that the candidate has adequately demonstrated the appropriate skills, knowledge, and abilities (KSA) to successfully exercise classification authority. In making this determination, the following criteria will be considered: a. The employee must be a GS-9 or higher in a 2-grade interval. b. The employee must have received training in: (1) Forest Service programs, policies, and organization, and (2) The principles, policies, and techniques of personnel management, position management, and position classification. This should include the basic two-week 17 One full year of specialized experience may be substituted. R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 18 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 – Exhibit 02 - - Cont. training course in position classification and management or equivalent (USDA Graduate School). c. The employee must have performed classification work (that is, preparing and documenting analysis of organizations and of individual positions), which provided experience in applying classification principles, policies, and standards to positions in a variety of occupations. d. In addition to training and experience required, the candidates must demonstrate knowledge and ability to responsibly redeem authority. This will be determined by evaluation of classification work performed during training. The determination of proficiency shall be made by an experienced classification delegate, either by on-site work with the candidate, by post-audit or the candidate’s classification, work and/or a detail to the Regional Office or an R9 Service Center. 2. The Forest or Prairie Supervisor and/or the Service Center Director recommends that the employee be delegated classification authority when satisfied with the employee’s training, development, and work performance. 3. The Regional Forester delegates the authority when satisfied that the individual possess the appropriate technical and professional skills. a. The delegation of authority must be in writing, to a specific individual, and cannot be redelegated. See Exhibit B for an example. b. A copy must be filed in the employee’s Official Personnel Folder. An employee who has been delegated classification authority and exercised that authority satisfactorily does not have to re-qualify upon reassignment to another Region 9 unit. R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 19 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 - Exhibit 03 Sample Delegation of Employment Authority Letter File Code: Route To: Subject: To: 1230 6100 Date: Delegation of Employment Authority “Name & Title” Employment authority is delegated as follows: 1. Nature of Delegation – Employment Officer 2. Jurisdictional Area – Eastern Region “National Forest Name” 3. Position Coverage – All general schedule positions through GS - ____ and all Wage positions. 4. Basics for qualifying (please check appropriate spaces) Basic Federal Personnel Procedures Course (USDA Graduate School or USDA Correspondence) One year specialized experience – substituted for Basic Federal Personnel Procedures Course above. Interviewing or counseling techniques (OJT or formal) At least 6 months specialized experience covering the following areas: Recruitment Qualification Analysis One week detail to a Service Center for the Eastern Region or the Regional Office Human Resources Staff. Other (specify) (Name) is qualified in all of the above items and employment authority will be exercised in accordance with the policies, procedures, and limitations contained in FSM 6127.11, and other applicable Forest Service, Department and OPM Guidance governing appointments, promotions, reassignments, separations, and other personnel actions. This delegation of authority remains in effect until rescinded in writing or employee leaves present position. Recommended by: Forest Supervisor / Service Center Director Date Director of Human Resources Date Regional Forester Date Recommended by: Approved by: R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 20 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 - Exhibit 04 Sample Delegation of Classification Authority Letter 1230 6100 File Code: Route To: Date: Delegation of Classification Authority Subject: “Name & Title” To: You are hereby-delegated position classification authority. The limits of the delegation are as follows: 1. Jurisdictional Area – Eastern Region “National Forest Name” 2. Extent of Authority: A. Positions covered: I. All GS positions GS-13 and below. II. All WG, WL, and WS positions. B. Positions not covered: I. GS positions above GS-13. II. Clerical and administrative positions GS-8 above on Ranger Districts. III. Unprecedented positions 3. This delegation remains in effect until rescinded in writing or you leave this position. You qualify for this delegation by satisfactorily meeting all the criteria established by the Region 9 FSM 6104.1 supplement as certified by the Regional Human Resources Director. This authority must be exercised in accordance with the policies, regulations, procedures, and limitations contained in the Code of Federal Regulations, Department Personnel Manual, and Forest Service Manual 6127.11, 6150 as well as Forest Service Handbook 6109.15. Other instructions will be issued as needed. This delegation of authority remains in effect until rescinded in writing or employee leaves present position. Recommended by: Forest Supervisor / Service Center Director Date Director of Human Resources Date Regional Forester Date Recommended by: Approved by: R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 21 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 – Exhibit 05 Disciplinary and Performance Based Actions Procedures Authority has been delegated to Forest Supervisors/Staff Directors to take appropriate disciplinary and performance-based action contingent upon the following procedures and concurrences. Forest Supervisors/Regional Office (RO) Directors are delegated the authority to issue letters of reprimand and sign letters of proposals for disciplinary action. This delegation is also contingent upon assistance/concurrence of the Employee Relations staff in the Regional Office and completion of appropriate training. The process outlined below is to be followed for taking disciplinary and performance based actions initiated by the supervisor. Disciplinary actions taken as a result of a complaint against an employee or Misconduct Investigations will begin at Step #4. DISCIPLINARY ACTIONS 1. Employee Supervisor, Forest Supervisor or Staff Director identifies a problem requiring disciplinary and/or remedial action. 2. Employee Supervisor, Forest Supervisor or Staff Director contacts an RO Employee Relations Specialist for advice and guidance. 3. Employee Relations Specialist provides guidance for supervisor (e.g. counsel, documentation and follow-up) or, if the case warrants immediate action, requests that the supporting documentation be forwarded for review. 4. Employee Relations Specialist will assist Forest Supervisors/Staff Directors and their subordinate staff in determining the appropriate action (e.g. proposes and action according to law, rule, regulation and policy). 5. Employee Relations Specialist drafts the proposal letter for the Proposing Official’s (Forest Supervisor/RO Staff Director) signature? 6. Proposing official again review case file, and signs the letter. 7. Proposing official (or designee) delivers the proposal letter to employee and obtains receipt signature. 8. Employee has the opportunity to respond to the proposal in writing and/or orally. R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 22 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 – Exhibit 05 - - Cont. 9. Employee Relations Specialist will arrange for official to hear oral response if requested, receive and review any response, and prepare a written analysis for Deciding Official’s (Forest Supervisor/RO Staff Director) review. 10. Deciding Official review analysis, response, and any additional evidence or information provided, contacts Employee Relations Specialist to discuss appropriate action, and concurs that penalty is reasonable and consistent with other similar cases in the Region. 11. Deciding Official (Forest Supervisor/RO Staff Director) with assistance from Employee Relations Specialist will prepare a final notice of decision. 12. Deciding Official (or designee) delivers decision letter to employee. PERFORMANCE BASED ACTIONS 1. Supervisor identifies problem(s) requiring corrective/remedial action. 2. Supervisor contacts the Employee Relations staff for advice and guidance. 3. Employee Relations Specialist provides guidance for supervisor (e.g. counsel, documentation, and follow-up) to assure employee is afforded an informal opportunity to improve performance deficiencies. 4. Supervisor advises employee in writing of improvement and cautions employee that he/she must maintain performance expectations, OR supervisor provides Employee Relations Specialist with supporting documentation to initiate a Performance Improvement Plan (PIP) for the employee. 5. Employee Relations Specialists will work/assist supervisor to draft a PIP notification letter (e.g. according to law, master agreement, rule, regulation, and policy) 6. Supervisor signs letter, presents to employee, and obtains receipt signature. 7. Supervisor and employee meet (at least every two weeks) during PIP period for counseling, evaluation, and feedback. These meetings are documented in writing by the supervisor, and a copy is provided to the employee. 8. At the end of the performance improvement period, supervisor makes a determination of improved performance or failure to improve. Supervisor notifies employee in writing of determination and any action that will be proposed. R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 23 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 – Exhibit 05 - - Cont. 9. If performance has not improved, supervisor submits written recommendation to Forest Supervisor/Staff Director for action. 10. Forest Supervisors. Staff Director contacts Employee Relations Specialist and forwards case file for review. 11. Employee Relations Specialists consults with Forest Supervisor/Staff Director on appropriate action and drafts the proposal letter for the Proposing Official’s (Forest Supervisor or Staff Director) signature. 12. Proposing Official reviews case file again and signs the letter. 13. Supervisor delivers proposal letter to employee and obtains receipt signature. 14. Employee has the opportunity to respond to the proposal in writing and/or orally. 15. Employee Relations Specialist will arrange for official to hear oral response if requested, receive and review any response, and prepare a written analysis for Deciding Official’s review. 16. Deciding Official reviews analysis, response, and any additional evidence or information provided, contact Employee Relations Specialists to discuss appropriate action, and concurs that action is reasonable and consistent with other similar cases in the Region. 17. Employee Relations Specialists drafts decision letter for Deciding Official’s signature. 18. Deciding Official (or designee) delivers decision letter to employee. INVESTIGATIONS The process outlined below is to be followed when formal investigations are initiated. Disciplinary actions taken as a result of a complaint against an employee or Misconduct Investigation will begin at Step #4. In cases where a criminal investigation is conducted, management cannot take ANY action until the case is released by the U.S. Attorney’s Office for agency action. 1. Alleged incident (criminal/administrative) occurs (or hotline complaint received) 2. Referred to Employee Relations staff to assign an investigator (if investigation is warranted) or referred to R9 Law Enforcement & Investigations R9 RO SUPPLEMENT EFFECTIVE DATE: September 16, 2004 DURATION: Effective until superseded or removed 6100 Page 24 of 24 FSM 6100 – PERSONNEL MANAGEMENT CHAPTER 00 – ZERO CODE 6104.1 – Exhibit 05 - - Cont. 3. Employee Relations Specialist notifies Forest Supervisor or Staff Director. 4. Investigator meets with Forest representative for input/concerns regarding pending investigation. 5. Investigation is conducted, and a Report of Investigation is prepared and sent to the Employee Relations Staff. 6. Employee Relations Specialist reviews report and sends a copy to the Forest Supervisor. 7. Begin with Step #4 of Disciplinary Actions Process.