DEPARTMENT OF THE NAVY REDUCTION IN GRADE AND REMOVAL BASED ON UNACCEPTABLE PERFORMANCE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00530R000400690011-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 22, 2016
• Document Release Date: October 4, 2012
• Sequence Number: 11
• Publication Date: August 12, 1980
• Content Type: MISC

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OPtJAVNOTI: 124 J:
Fi'.e Immediately Following Chapter 430 of
the Feoeral Personnel Manual
DEPARTMENT OF THE NAVY REDUCTION IN GRADE AND REMOVAL
BASED ON UNACCEPTABLE PERFORMANCE
This instruction est fishes the Department of the Navy
(DON) regulations for effec_ing removal and reduction in grade
based solely on unacceptable p^rformance.
A. "Activity" means a field installation, headquarters
command or office.
B. "Critical element" means any requirement of the job
which is sufficiently important that inadequate performance of it
outweighs acceptable or better performance in other aspects of the
job.
"Days" means calendar days.
D. "Official" means an employee who has been delegated
authority to propose or decide an action under this instruction.
E. "Opportunity to demonstrate acceptable performance"
means a chance for the employee to show that the individual can
meet established minimum performance standards for the critical
elements of the job.
F. "Reasonable time" means an amount of time commensurate
with the duties and responsibilities of the employee's job which
is sufficient to allow the employee to show whether or not tht
individual can meet minimum performance standards.
Enclosure (1)
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OPNAVNOTE 12432
12 AUG 1980
G. 'Reduction in grade' means the involuntary assignment of
an employee to a position at a lower classification or job grading
level. For purposes of this instruction, a reduction in grade is
always to the first step or entry salary level of the grade to
which the employee is reduced.
H. 'Removal' means the involuntary separation of an
employee from employment with an activity except when taken as a
reduction-in-force action.
I. 'Unacceptable performance' means performance of an
employee which fails to meet established performance standards in
one or more critical elements of such employee's position.
III. COVERAGE
This instruction applies to all DON employees except:
A. An employee of a non-appropriated fund instrumentality;
B. An employee outside the United States who is paid in
accordance with local native prevailing wage rates for the area in
which employed;
C. An administrative law judge;
D. An individual in the Senior Executive Service (SES);
E. An individual appointed by the President; and
F. An individual occupying a position not in the
competitive service excluded from coverage by regulations of the
Office of Personnel Management (OPM).
A. An action initiated under authority of the Special
Counsel. (5 USC 1206)
B. An action taken against an administrative law judge.
(5 USC 7521)
C. An action taken in the interests of national security.
(5 USC 7532)
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OPNAVNOTE 12432
12AVG1990
CPI 432
D. An action taken under a provision of statute, other than
one codified in 5 USC, which excepts the action from the
provisions of 5 USC.
E. A removal from the SES to a civil service position
outside the SES.
F. A reduction-in-force action.
G. A voluntary action initiated by the employee.
H. An adverse action for cause.
1. An action which terminates a temporary promotion within
a maximum of two years and returns the employee to the position
from which the employee was temporarily promoted, or reassigns or
demotes the employee to a different position that is not at a
lower grade or pay than the position from which the employee was
temporarily promoted.
J. An action which terminates a term promotion at the
completion of the project or specified period, or at the end of a
rotational assignment in excess of two years but not more than
five years, and returns the employee to the position from-.which
promoted or to a different position of equivalent grade and pay.
X. An involuntary retirement because of disability.
L. A termination in accordance with terms specified at the
time the appointment was made.
M. An action against a reemployed annuitant.
N. A reduction to the grade previously held by a supervisor
or manager who has not completed the supervisory or managerial
probationary period.
0. The reduction in grade or removal of an employee in the
competitive service who is serving a probationary or trial period
under an initial appointment or who has not completed one year of
current continuous. employment under other than a temporary
appointment limited to one year or less.
P. The reduction in grade or removal of an employee in the
excepted service who has not completed one year of current
continuous employment in the same or similar positions.
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OPNAVNOT:: 1243.
D. An action taken under a provision of statute, other than
one codified in 5 USC, which excepts the action from the
provisions of 5 USC.
E. A removal from the SES to a civil service position
outside the SES.
F. A reduction-in-force action.
G. A voluntary action initiated by the employee.
H. An adverse action for cause.
I. An action which terminates a temporary promotion within
a maximum of two years and returns the employee to the position
from which the employee was temporarily promoted, or reassigns or
demotes the employee to a different position that is not at a
lower grade or pay than the position from which the employee was
temporarily'promoted.
J. An action which terminates a term promotion at the
completion of the project or specified period, or at the end of a
rotational assignment in excess of two years but not more than
five years, and returns the employee to the position from which
promoted or to a different position of equivalent grade and pay.
K. An involuntary retirement because of disability.
L. A termination in accordance with terms specified at the
time the appointment was made.
M. An action against a reemployed annuitant.
N. A reduction to the grade previously held by a supervisor
or manager who has not completed the supervisory or managerial
probationary period.
0. The reduction in grade or removal of an employee in the
competitive service who is serving a probationary or trial period
under an initial appointment or who has not completed one year of
current continuous employment under other than a temporary
appointment limited to one year or less.
P. The reduction in grade or removal of an employee in the
excepted service who has not completed one year of current
continuous employment in the same or similar positions.
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OPNAVNOTE 12432
12 AUG1980
CPI 432
Heads of activities are delegated authority to propose and
decide reduction in grade and removal under this instruction.
Activity heads shall delegate authority to propose and decide such
actions to subordinate supervisors and managers to the extent they
deem appropriate.
VI. TIMING OF ACTIONS
A. An employee may be reduced in grade or removed at any
time during the performance appraisal cycle that the employee's
performance in one or more critical elements of the job becomes
unacceptable.
B. An advance notice of proposed action may not be given
until the employee has been informed of the unacceptable perfor-
mance on the critical element(s) of the job and been given a
reasonable time to demonstrate acceptable performance. The amount
of time deemed reasonable may vary depending upon the complexity
of the job; however, it should be consistent within similar job
categories.
C. No instance of unacceptable performance more than one
year old at the time of the advance notice may be a basis for a
proposed removal or reduction in grade.
D. The. decision to retain, reduce in grade, or remove must
be made within 30 days after the expiration of the notice period.
E. The decision on a notice of proposed action must be
delivered to the employee before the effective date of the
action.
A. An employee whose reduction in grade or removal is
proposed is entitled to:
1. Thirty days advance written notice of the proposed
action which identifies:
a. Specific instances of unacceptable performance
by the employee on which the proposed action is based;
Enclosure (1) 4
1176 A-S
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OPNAVNOTE 12432
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CPI 432
b. The critical element or elements of the
employee's position involved in each instance of unacceptable
performance;
c. The name and title of the official designated to
hear an oral reply and/or receive the written reply; and
d. The number of days that the employee is allowed
to answer orally and in writing;
2. Be represented by an attorney or other
representative;
3. A reasonable amount of official time to prepare an
answer to the advance notice, if the employee is otherwise in an
active duty status;.
4. A reasonable time, not less than seven days, to
answer orally and in writing; and
5. A written decision which:
a. In the case of reduction in grade or removal
specifies the instances of unacceptable performance by the
employee on which the reduction in grade or removal is based;
b. Is signed by an official in a higher position
than the official who proposed the action; (If the activity head
signed the advance notice, the next higher level of management in
chain of command must sign the decision notice.)
c. Specifies the employee's right of appeal to the
Merit Systems Protection Board (M.SPB) and right, when applicable,
to file a grievance under negotiated grievance procedures, but
not both; and
d. Provides the time limits for filing an appeal
to MSPB, the address of the appropriate Board office for filing
the-appeal,, a copy of the Board's regulations and a copy of the
Board's appeal form (Attachment 1).
B. Activity heads are authorized to extend the notice
period under VII.A.l., above, for not more than 30 days. This
authority shall be redelegated by activity intruction as the
Enclosure (2)
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OPNAVINST 12000.14 CR-76
`JUN 04
CPI 432
activity head deems appropriate. Activity heads may extend the
notice period under VII.A.1, above, for more than 30 days only
with prior approval of OPM. Activity heads are authorized to
seek prior approval directly from the Workforce Effectiveness
and Development Group, OPM, 1900 E Street, NW, Washington, D.C.
20415.
C. Employees in receipt of an advance notice may request an
additional time to respond orally and in writing. The official
designated to accept the response may make a decision regarding
such request subject to the time limitations set in VI.D and
VII.B, above.
-,- D. If the employee wishes the activity to consider any
medical condition which may contribute to his or her unaccep-
table performance, be or she shall be given a reasonable time to
furnish medical documentation (as defined in CPI 339) of the
condition. Whenever possible, the employee shall supply this
information at the time the activity offers him or her the
opportunity to demonstrate acceptable performance. If the
employee offers such documentation after the activity has
proposed a reduction in grade or removal, he or she shall supply
this information within the time limits allowed for a reply,
whenever possible. After its review of the medical documen-
tation supplied by the employee, the activity may, if
authorized, require a medical examination or otherwise, at its
option, offer a medical examination in accordance with the
criteria and procedures of CPI 339. If the employee has five
years of civilian service, the activity shall provide
information concerning disability retirement. The activity
shall be aware of the affirmative obligations of the provisions
of 29 CPR 1613.704, which require reasonable accommodation of a
qualified handicapped employee. An employee's application for
disability retirement shall not preclude or delay any other
appropriate personnel action. CPI 831.610 sets forth the basi.s
under which an activity shall file an application for disability
retirement on behalf of an employee. 4.
E. An employee's choice of representative may be disallowed
if such representation would result in a conflict of interest or
position, a conflict with the priority needs of the activity, or
would give rise to unreasonable cost to the Government. The
terms of any applicable bargaining agreement govern represen-
tation for employees in an exclusive bargaining unit:
Enclosure (2)
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OPNAVINST 12000.14 CH-76
$ JUN U4
CPI 432
1. Activity heads shall redelegate authority to make a
determination to disallow the choice of an employee's
representative to an appropriate level no lower than the level
of the official designated to make the final written decision.
2. Activities' instructions shall establish an
expedited process for resolving an employee's disagreement with
a determination to disallow a choice of representative. At a
minimum, this review process shall require a final decision by
an official higher than the one who made the disputed decision.
A. The servicing civilian personnel office will provide
advice and guidance to individuals involved in reduction in
grade or removal actions based on unacceptable performance.
B. The servicing civilian personnel office shall maintain
records required by paragraph IX of this instruction...?+ if
medical documentation is furnished by the employee-such infor-
mation will be maintained in accordance with paragraph 1-3e of
CPI 339. +-
A. When an action is effected, all relevant documentation
concerning a reduction in grade or removal based on unacceptable
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OPNAVINST 12000.14 CH
NOV041931
performance will be available for review by the affected employee
and the employee's representative. As a minimum, thehe records
shall consist of:
1. A copy of the notice of proposed action;
2. A copy of the employee's written answer, if any;
3. A summary of the employee's oral reply, if one was
4. A copy of the notice of decision and the reasons
therefor; and
5. Copies of any supporting material including
documentation regarding the opportunity afforded the employee to
demonstrate acceptable performance.
B. The servicing civilian personnel office shall maintain
the record for a minimum of one year or until an appeal or
complaint arising from an action under this CPI is finally adjudi-
cated, whichever is longer. -4 If an employee appeals to the MSPB,
the record shall be furnished to the employee affected upon the
employee's request and to the MSPB. The record shall be submitted
to the appropriate field office in the following manner:
- 1. The documents should be placed in date order with
the earliest dated document at the bottom and the latest dated
document at the top.
2. A table of contents should be prepared which
identifies the case and lists all the enclosed documents (the
earliest dated document should be identified and tabbed as number
1, the next document in date sequence should be identified and
tabbed as number 2, and so on. The highest number should indicate
the most recent document.
3. The table of contents should have the following
headings:
Location Date Document Description Source
(The location indicates the tab number under which the document is
filed; the date is the date of receipt or issuance of the
document; document description should fully identify the document;
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CPI 432
source should indicate the submitter of the document.)
4. Place the completed table of contents on top of the
tabbed documents or, if a manila folder or equivalent is used,
place the table of contents on the left side of the folder and the
tabbed documents on the right side.
C. If, because of performance improvement by the employee
during the notice period, the employee is not reduced in grade or
removed, and the employee's performance continues to be acceptable
for one year from the date of the advance written notice,-any
entry or other notation of the unacceptable performance for which
the action was proposed shall be removed from any activity record
relating to the employee.
Statistics on removal and reductions in grade effected
under this CPI shall be generated by the Personnel Automated Data
Systems (PADS) and reviewed by CNO (Op-14) and the Commandant of
the Marine Corps (MPC-30) for Marine Corps activities. Inconsis-
tencies revealed by such review shall be referred to the
appropriate level of command for resolution.
XI. EFFECTIVE DATE OF INSTRUCTION
This instruction shall become effective contingent upon
publication of one or more performance appraisal systems effected
pursuant to 5 USC 4302, the establishment of critical elements and
the identification of performance standards for all employees
within the work force who perform similar work.
XII. IMPLEMENTING INSTRUCTIONS
Activities are required to issue local instructions
implementing this instruction by 1 October 1981.
Enclosure (1) 8
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