CONDUCT AND
PERFORMANCE ISSUES
James Reno
LER Specialist
PERFORMANCE
OR CONDUCT
Evaluate the Issue
 Conduct vs. Performance
 Conduct LER for Assistance
 Conduct: Counseling,
Warning or Discipline
 Performance: PAP, PIP

CONDUCT ACTIONS
5 USC Chapter 75
EMPLOYEE
WILL NOT
PERFORM THE
JOB THAT
HE/SHE IS
OFFICIALLY
HIRED
TO DO.
CONDUCT CHARGES






Travel/Credit Card Charges
Attendance
Misuse of Government
Equipment
Failure to Follow
Instructions/Insubordination
Negligent Performance of Duties
Offensive Conduct
Disciplinary Procedures






Pre-Disciplinary Letters of
Caution/Concern/Lv Restriction
Letters of Warning
Official Letter of Reprimand
Suspensions <14 Days
Suspensions >14 Days
Removal
A Discipline Case
Performance vs. Conduct
Performance
Issue
Conduct /T&A
Discipline
Administrative
Actions
Alternative
Discipline
Agreement
PERFORMANCE ACTIONS
5 USC 4303
EMPLOYEE
CAN NOT
PERFORM THE
JOB THAT
HE/SHE IS
OFFICIALLY
HIRED
TO DO.
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.
Why Managers don’t deal with
Poor Performing Employees
Time and Effort
Past Performance Tolerated
Conflict Issues
Lack of Support
PERFORMANCE ISSUES
When?
 Address a Problem EarlyDon’t Wait for a Crisis
 On-Going Feedback
 Mid-Year Evaluation
 Annual Appraisal
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.
First Steps in a Performance
Based Action
Review the Position
Description
 Analyze the Plan
 Evaluate the CJE’s
 Carefully review the
Performance Standardsminimum of 90 days

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
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.)
Assistance Efforts





Formal Training/Classes
OJT
Counseling
Mentor/Peer Assistance
Other Assistance
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.)

PAP Requirements




Requirements to Demonstrate
FS Performance.
Timelines/Milestones/Results
Regularly Scheduled Progress
Meetings
AFGE MCBA (No PAPS after
December 15.)


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)
PERFORMANCE
IMPROVEMENT PLAN


Includes the CJE and standards
for which the employee’s
performance is deficient.
Documents performance
deficiencies: failure to meet the
standards.
Performance Improvement
Plan

Schedule of periodic
performance reviews with
scheduled dates.

List of Assignments with due
dates or completion dates.
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.
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
PERFORMANCE
IMPROVEMENT PLAN
If the employee’s performance
remains Unsatisfactory, the
supervisor will consider the
following performance based
actions:
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.
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
PERFORMANCE ACTIONS
Appeal Rights
Negotiated Grievance Procedure
 MSPB Appeal
 EEO Complaint
(Only one process allowed.)

A Performance Case

A Performance Based Removal
Performance
PAP/PIP
Reasonable
Accommodation
Workplace
Violence
VIWP/Conduct
Performance
Based
Removal (432)
Grievance
Negotiations
Discontinued
Service
PREVENTING POOR
PERFORMANCE
Communicate your
Expectations-PARS Plan
 Provide Regular Feedback
 Recognize and Reward
Performance
 Hold Employees
Accountable for Results

KEYS TO A SUCCESSFUL
PERFORMANCE MANAGEMENT
PROGRAM
COMMUNICATION
FEEDBACK
ACCOUNTABILITY
RESULTS