SECTION 13. DISCIPLANARY MATTERS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00530R000701780014-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 16
• Document Creation Date: December 23, 2016
• Document Release Date: March 13, 2013
• Sequence Number: 14
• Publication Date: July 19, 1984
• Content Type: REGULATION

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SECTION 13. DISCIPLINARY MA:TERS
13-1 INTRODUCTION
(I) As the Government's primary investigative service with a wide
range of jurisdictional responsibilities for which we are accountable co clje
public, it is imperative chat a policy of tight discipline be applied in the
FBI. It is the responsibility of Bureau supervisory personnel to make clear
to employees under their supervision that the Bureau's disciplinary program is
firm but fair.
(2) It is imperative that any information pertaining to
allegations of misconduct or improper performance of duty coming to the
attention of any Bureau employee be promptly and fully reported to FBIHQ, and
it is the continuing responsibility of Bureau officials to see to it that the
employees under the-1.r supervision are properly indoctrinated regarding this
requirement so that they not only will fully understand it but will comply
with it.
((3) The appropriate Assistant Director, SAC or Legal Attache is
authorized to temporarily assign personnel to other duties during an
administrative inquiry if the circumstances surrounding the allegation
indicate that such action is warranted. Such a reassignment should not be
made automatically. Rather, each case must be judged on the individual
factors involved, including the credibility of the allegation and the
sensitivity of the employee's current assignment. Temporary reassignments may
be justified in order to enhance the security and/or protect the integrity of
FBI investigations and files; to preserve order; for the safety of persons and
property; or for other appropriate reasons. Any such action must be
coordinated with the Office of Professional Responsibility, Inspection
Division; Administrative Services Division; and the appropriate substantive
FBIHQ Division and be fully supported by the facts. If an employee is
temporarily reassigned during an administrative inquiry, Assistant Directors,
SACs and Legal Attaches must continually monitor developments in the
administrative inquiry in order to assess the employee's position. If, for
example, facts are later developed which alter the basis for the employee's
original reassignment, then he/she may be returned to previous duties, even
prior to a final adjudication of the matter. Allegations regarding
unauthorized access or attempted unauthorized access to national security
information should continue to be promptly reported to the Security Programs
Manager, FBIHQ (see MIOG, Part II, 26-4).]
[(4)] See Part I, Section 1, of this manual regarding Activities
and Standards of Conduct of employees. See Part I, Section 9, of this manual
regarding annual leave for employees involved in disciplinary action.
13-2 NOTIFICATION OF FBIHQ UPON RECEIPT OF ALLEGATIONS OF MISCONDUCT
OR IMPROPER PERFORMANCE OF DUTY
(1) All allegations of employee misconduct must be reported to
the Administrative Summary Unit (ASU), Administrative Services Division (ASD).
Allegations of criminality or serious misconduct must be reported
simultaneously to the FBI Office of Professional Responsibility (OPR),
Inspection Division. OPR supervises and/or investigates all allegations of
criminality or serious misconduct on the part of FBI employees. Judicial
criticism of an Agent's conduct in findings of fact, opinions, or court
orders, whether oral or written, is to be considered an allegation of serious
misconduct and reported to OPR as set forth below.
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SECTIO: 13. DISCIPLINARY HATTERS
(2) When an allegation is received concarning criminality or
serious misconduct, the appropriate Assistant Director, SAC or Legal Attache
will advise OPR of the allegation by telephone or teletype. OPR will in turn,
advise ASU, ASD. A confirming airtel, with a copy designated for the ASU,
ASD, should be directed, in a sealed envelope, to FBIHQ, Attention: OPR,
Inspection Division. OPR will then determine and advise who will conduct the
investigation. Inmost instances, the Assistant Directors, SACs, or Legal
Attaches will personally supervise and promptly investigate the vast majority
of these matters. OPR normally _investigates only those allegations- involving
FBIHQ officials, SACs, ASACs, and Legal Attaches and sometimes Headquarters
and field supervisors or when circumstances dictate.
(3) If an allegation of misconduct within the responsibility of
OPR arises out of a -substantive case (pending or closed), the responsible
FBIHQ Division will, more than likely, continue to supervise that
investigation including the new allegation. However, FBIHQ Divisions will
immediately inform OPR, Inspection Division, of the alleged improprieties and
forward that portion of the investigation to OPR, Inspection Division, for
further processing. When possible, these allegations should be carried under
a personnel matter caption and handled as a separate "62- administrative
matter so that the substantive investigation and/or prosecution is not
hindered.
(4) Other infractions, such as lost badges or minor personal
misconduct will continue to be handled by Administrative Services Division.
These matters are well defined and should continue to be handled as in the
past. Any question as to whether a matter is or is not within the respon-
sibility of OPR must be teferred to OPR for a determination in this regard.
13-3 INVESTIGATION
(1) When investigation necessary to develop complete essential
facts regarding any allegation against Bureau employees must be instituted
promptly, and every logical lead which will establish the true facts should be
completely run out unless such action might prejudice pending investigations
or prosecutions in which event FBIHQ will weigh the facts, along with the
recommendation of the division head.
(2) The record of the inquiry shall include the initial
allegation; the investigative results; aggravating or mitigating
circumstances; statement of specific charge(s); and the employee's answer(s)
including defenses to the specific charge(s), if any.
13-4 INTERVIEWS OF EMPLOYEES INVOLVED
(1) Interviews of employees involved in allegations of
criminality or serious misconduct should be conducted at the earliest logical
time and in a forthright manner. There should be no evasiveness on the part
of the Bureau official conducting the interview.
(2) The employee should be fully and specifically advised of the
allegations which have been made against him/her in order that he/she may have
an opportunity to fully answer and respond to them. The employee must be
entirely frank and cooperative in answering inquiries of an administrative
nature. If allegations are possibly criminal in nature, the employee has the
right to seek counsel in the same vein as any other individual (see 13-6).
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(3) Such interviews must be compLate and thorough with all
pertinent information obtained and recorded so chat all phases of the
allegations may be resolved. The interviews must not be unduly protracted and
should be held to a reasonable Length by proper preparation and recognition ot
the purpose of the interviews.
(4) The inquiry shall not be complete until the specific
allegations that may justify disciplinary action are made known to the
employee-who may be disciplined and the employee is afforded reasonable time
to answer the specific allegations. The employee's answers, explanations,
defenses, etc., should be recorded i.n the form of a signed, sworn statement
which should specifically include the allegations made against the employee in
an introductory paragraph. The statement is to _be prepared following an
in�depth interviesi of the employee by the division head or designated
supervisory representative. The employee is not merely to be asked to give a
written response to the allegations, but is to be interviewed in an interroga�
tory fashion, and a signed, sworn statement prepared from the results by the
interviewing official. Since the statement represents that which the employee
is willing to sign and swear to, he/she retains the right to make corrections
or changes before doing so. If those changes or corrections differ materially
from what the employee stated during interview, that fact and the nature of
the statements should be separately recorded. Should there be any question on
the part of the interviewing official as to whether a particular allegation
(set of facts) might justify disciplinary action, he/she should contact OPR,
Inspection Division, in order to resolve this prior to the interview so the
employee will be ensured of an opportunity to appropriately respond.
(5) When interviewing employees during administrative inquiries
to solicit information about themselves or about their own activities, the
employee should be provided the Privacy Act notice described in MIOG, Part I,
190-5(2), explaining the-purpose of the inquiry and how the information will
be used.
(6) When interviewing employees, or others, to solicit
information about the-subject of an administrative inquiry, the person
interviewed as a source should be provided, if appropriate, the opportunity to
request an express promise of confidentiality, as described in MIOG, Part I,
190-7, and SAC Memorandum 51-77(C), dated 11/15/77, in order to protect the
source's identity should the subject of the inquiry submit a Privacy Act
request for access to records of the inquiry. The source should be cautioned
that if a formal adverse personnel action is taken against the subject of the
inquiry pursuant to Chapter 75 of the Civil Service Reform Act, the informa�
tion furnished, along with the source's identity must, by law, be provided to
the subject, if any information provided in that statement is used in whole or
in part to support that personnel action. In addition, pursuant to certain
administrative inquiries and possible judicial proceedings, it may be
necessary to furnish the source's identity if any information provided in the
source's statement is used in whole or in part to support a personnel action.
The principles discussed in 13-6, infra, are also applicable to an interview
of an employee regarding the actions ofothers, to the extent such answers
might reveal criminal misconduct on the part of the employee being
interviewed.
13-4.1 Polygraph Examinations of Bureau Employees
(1) All polygraph examinations of FBI employees and those who
have made allegations against FBI employees must be approved by the Assistant
Director, Inspection Division, or another person designated by the Director.
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(2) Polygraph examinations of employees will be administeted away
from their own office of assignment. This procedure will help protect the
confidentiality of the investigation/inquiry and lessen- the outside pressure
on the employee which could be associated with an examination conducted with
knowledge of an employee's friends and associates.
(3) Polygraph examinations of Bureau employees are to be
administered by an FBIHQ examiner. In the event an FBIHQ examiner is not
available, the examination will be conducted by an examiner designated by
FBIHQ.
[ See MIOG, Part II, 13-22.13.1,[13-22.13.2, 13-22.13.3,]and 13-22.14 for
additional instructions and information regarding, polygraph examinations of
employees who are diabject of a criminal investigation or administrative
inquiry.
13-5 SIGNED SWORN STATEMENTS
Whenever there are circumstances in connection with investigations
or inquiries indicating misconduct of personnel, harassment or intimidation of
subjects, other individuals or groups, or derelictions of any kind by the
Bureau, all Agents engaged in such investigations or inquiries must:
(1) Immediately prepare signed sworn statements of fact so that a
clear record will be available should a question arise at a later date. These
statements should:
specific.
in nature.
(a) Cover facts bearing directly upon charges made.
(b) Be specific as to each allegation, if allegations are
(c) Be general in nature; if allegations are general
In matters-relating to a pending investigation, no interviews should be
conducted until it is determined by the USA's office, the Department of
Justice and/or FBI Headquarters, that such action will not hinder the
investigation and/or prosecution. The SAC or any Special Agent designated by
SAC may administer the oath in these statements since, under existing
regulations, Agents are authorized to administer oaths in cases involving
irregularities or misconduct in office of a Government employee. This
statement is comparable to an affidavit, but does not necessitate
notarization.
(2) Forward the original and one copy of these statements to
FBIHQ under the appropriate case caption and retain a copy in the field office
or Headquarters file. If the allegations relate to a matter currently being
investigated, prosecuted or on appeal, the USA's office (or in aggravated
instances, Office of Professional Responsibility�Department of Justice) should
be made aware and an opinion sought as to whether or not immediate preparation
of the employee's statement would have a detrimental effect on the substantive
investigation. Thereafter, if appropriate, a signed copy of any statement
obtained can also be furnished to the appropriate USA so that the court
records will clearly show the true facts and any false allegations made will
not stand undisputed in the court record.
(3) If the matter, whether criminal or administrative in nature,
is considered sufficiently serious, an attempt should be made to obtain the
complainant's allegation in the form of an affidavit or sworn signed statement
also.
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SECTION 13. DISCIPL7NARY MATTERS
13-6 ADMINISTRATIVE OR CRIMINAL PROCEEDINGS - USE OF INTERVIEW FORMS
(1) Prior to the interview of an employee against whom
allegations of criminal misconduct have been leveled a decision should be made
as to whether the goal of the interview is to obtain a statement admissible in
subsequent criminal proceedings or whether the goal is to compel the employee
to make a full statement of the facts in order to ascertain what
administrative action, if any, is appropriate. This decision is to be made by
OPR, FBIHQ.
(2) To ensure that employees being interviewed are fully and
consistently made aware of their rights and obligations, two forms have been
adopted for use in such interviews. The Office of Professional
Responsibility, DOJ, has fully endorsed the use of these forms. These forms
are only to be utilized during official administrative inquiries and only when
authorized by FBIHQ (primarily those supervised by OPR).
[(3) Neither of these two forms (FD-644 nor FD-645) which are
[ described below are to be routinely used during the investigation of a
[ shooting incident. They will be used only in those shooting inquiries when
[ instructed to do so by FBIHQ as set forth in MIOG, Part II, Section 12-1.9.]
The decision as to which form will be used in a particular inquiry will be
made by OPR, FBIHQ, on a case-by-case basis, in accordance with the principles
set forth below.
13-6.1 Criminal Proceeding Contemplated or Possible
(1) Form A (FD-644) captioned "Warning and Assurance to Employee
Requested to Provide Information on a Voluntary Basis," is to be utilized in
situations where an employee is provided an opportunity to voluntarily respond
to questions concerning allegations of job-related misconduct which have the
potential for criminal prosecution, but wherein the employee is not being
compelled to answer questions or provide a statement. Use of this form should
assure that any statements obtained will be freely and voluntarily given and,
hence, admissible in any future criminal proceeding.
(2) Full Miranda warnings will be given to employees only in
situations where the employee to be interviewed is in custody or is
significantly deprived of his/her freedom of action, an arrest is clearly
intended at the conclusion of the interview, or whether in custody or not, the
employee being interviewed has previously been arrested or formally charged
and prosecution is pending on a Federal offense and the questioning concerns
that offense or a related Federal offense.
(3) Whenever Form FD-644 is utilized, an interview log should be
prepared in accordance with the Legal Handbook for Special Agents, Section
7-9.
13-6.2 Inquiry Solely for Administrative Purposes
(1) In a situation where the allegation, if true, has the
potential for criminal prosecution, but a decision has been made not to seek
an admissible statement, (but rather, to compel the employee to fully and
candidly answer all questions concerning the alleged incident), Form B
(FD-645), captioned "Warning and Assurance to Employee Required to Provide
Information," should be used.
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However, prior to the use of this form in any instance where the allegation,
if true, would have potential for Federal criminal prosecution of the employee
to be interviewed, OPR-Inspection Division must present the facts of the case
to OPR-DOJ and obtain an initial opinion that the matter in question should be
handled administratively rather than criminally. This is necessary because
any incriminating statement obtained after use of Form FD-645 will not be
admissible in a criminal prosecution of the employee.
(2) In a situation where the allegation, if true, has potential
for non-Federal prosecution, and a decision has been made by FBIHQ to compel
full answers from the employee regarding the matter under investigation, Form
FD-645 should be used.
(3) In all other instances where an employee is being interviewed
in connection with an official administrative inquiry, Form FD-645 should he
used.
4) There is no Sixth Amendment right to counsel in purely
administrative interviews. Therefore, even if the employee specifically
requests to have an attorney present during the course of the interview, the
Bureau is not legally obliged to agree to this condition. Any administrative
decision to allow the presence of counsel during an administrative interview
is to be made by OPR, FBIHQ.
[(5) An interview log is not required when Form FD-645 is
[ utilized. Those conducting such administrative interviews of employees should
[ be alert, however, to circumstances where good judgment might warrant
[ preparation of an interview log; for example, in those interviews of a
[ particularly sensitive nature or in those concerning serious misconduct
A involving veterans which may ultimately be heard before a Merit Systems
[ Protection Board.]
13-7 REPORTING -
(1) In most instances, after FBIHQ has been initially notified of
the allegation, it will be satisfactory for the responsible official to
report the facts pertaining to the misconduct or improper performance of duty;
by letter setting forth a concise statement of the situation together with
supporting documentation and statements. In all cases, whether or not it is
felt administrative action is necessary, a statement that administrative
action is, or is not, recommended must be made. There can be no deviation
from this procedure.
(2) To prevent unauthorized disclosure of these allegations and
the subsequent inquiry, a separate field office file, when possible, should be
opened and indexed under a "62" classification (Administrative Inquiry) for
each investigation and be maintained in the SAC's safe. This file number will
be included on all communications between field divisions and FBIHQ;
communication being directed to the personal attention of the SAC and/or
enclosed in a sealed envelope to FBIHQ, Attention: OPR-Inspection Division.
(3) Copies of the allegations and subsequent investigation should
not be placed in the accused's field office or FBIHQ personnel file. Only if
some form of administrative action is taken will there be any need to address
the allegation in one's personnel file. This is satisfactorily handled by a
designated copy of the approved justification memorandum and/or addendum(s)
being placed in the personnel file at FBIHQ as well as copies of the outgoing
communication to the employee being placed in both the field office and FBIHQ
personnel files.
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SECTION 13. D:SCIPLINARY MATTERS
13-7.1. Format
Certain factual situations may require the letters in which they
are reported to exceed one page in length. In these instances, such Letters
should conform to the following format:
(1) Title--This should, when possible, relate only to the
substance of the allegation regardless whether or not it originated out of a
substantive investigation or-is work related. The title should include the
employee(s) name; general allegation (i.e., alleged professional misconduct,
etc.); complainant, if appropriate; division and Personnel Matter.
(2) Synopsis--Here should be stated briefly, but clearly, the
pertinent facts relating to the situation. While brief, the synopsis should
contain sufficient facts to give any reviewing official a clear picture of
each allegation and whether they are true or false.
(3) Action taken--Here should he clearly enumerated the action
taken by the Bureau official pertaining to the employee in connection with the
misconduct or improper performance of duty. For example, a statement as to
the time and date an employee was suspended from active duty, or an explana-
tion as to any investigation or information sought from other field offices in
running out the allegation, or the like, should be set forth under this
heading.
(4) Work record and any aggravating or mitigating factors--
Under this heading should be reported pertinent comments regarding the
general work performance record of the employee. In addition, any other
factors of an aggravating nature-or which might have a mitigating or balancing
effect upon the dereliction should be set forth. For example, if an employee
put a great deal of hard work and effort into a matter and was also
responsible for certain shortcomings, the administrative action finally
decided upon would be dependent upon a balancing and weighing of the good and
bad aspects. However, any mitigating facts should not be restricted to the
particular case or incident from which the dereliction arises. An employee
may have performed creditably in other cases recently, on other occasions or
displayed a commendable attitude which factors should be brought to FBIHQ's
attention.
(5) Comments and conclusions--Under this heading should be set
forth the observations of the Bureau official and the conclusions upon which
the recommendations for administrative action are based.
(6) Recommendations--Under this heading should be set forth the
recommendations as to what, if any, administrative action is necessary.
(7) Enclosures--Attach statements of the complainant, witnesses
and employee(s), as well as any documentation relevant to the inquiry.
13-7.2 Investigative Reports
(1) Matters involving criminality or serious misconduct
supervised/investigated by OPR-Inspection Division should, for the most part,
be submitted to FBIHQ by Investigative Report which should be thorough,
precise and to the point. There may be instances where the extent of the
inquiry is so minimal that an Investigative Report would not seem necessary.
Any question concerning whether or not to submit an Investigative Report
should be resolved by consulting with OPR-Inspection Division.
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(2) Synopses of Personnel Matter Investigative Reports should be
extremely complete to include all allegations, the results of investigation
and the subject employee's responses to these allegations. Consideration
should be given to including a table of contents in these Investigative
-Reports.
(3) Three copies of the Investigative Report (four copies if the
matter involves a substantive case) should be submitted by cover alrtel, in a
sealed envelope, to FBIHQ, Attention: OPR�Inspection Division The cover
airtel should contain the SAC's observations, comments, mitigating or
aggravating circumstances, as well as[SAC's]recommendations for administrative
action.
(4) FBIHQ is to be the office of origin in Personnel Matter
investigations.
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13-8 ALLEGATIONS MADE BY INDIVIDUALS OUTSIDE THE BUREAU
(1) In instances in which allegations are made by persons outside
the Bureau against Bureau personnel or the Bureau itself and such charges are
disproven, prompt action should be taken to refute such claims both with the
source of the erroneous complaints and others having knowledge of the allega�
tions, including news media carrying stories on the matter. Where possible,
every effort should be made to-have the refutation appear in the same article
with the charges. Whenever the advisability of taking this action appears
questionable, FBIHQ should be advised and a recommendation made on this point
setting out clearly the reasons on which the conclusion is based.
(2) If allegations are made against Bureau personnel by subjects
of Bureau cases during a court trial, it is the responsibility of the SAC with
the concurrence of the USA and/or DOJ, to see that proper refutation is made
and that such refutation appears in court records in accordance with the
Manual of Investigative Operations and Guidelines, Part II, Section 6. The
purpose of this is to insure that in case of an appeal the Bureau's refutation
is in the court's record. FBIHQ is to be advised promptly of all pertinent
facts and circumstances relating to such allegations and refutations.
13-9 SUSPENSION WITHOUT PAY
(1) No Bureau employees are to be suspended without pay without
prior FBIHQ approval. Where the seriousness of the situation warrants, the
Assistant Director of the Administrative Services Division may be contacted
telephonically. His instructions regarding suspension without pay or other
immediate action to be taken pending-a final *determination of the matter may
be secured.
(2) In cases involving disciplinary suspension without pay for
seven or more consecutive calendar days, SF-8 will be sent to the employee
by Personnel Section, FBIHQ, as an enclosure with the letter addressed
to employee containing suspension notification. However, when telephonic
or teletype instructions are issued by FBIHQ suspending the employee
for seven or more consecutive calendar days, instructions will be issued
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SECTION 13. DISCIPLINARY MATTERS
and recorded that SF-8 be furnished. When SACs and division heads receive
these instructions, a dated notation that form was sent should be made in the
remarks column on the time and attendance card.
(3) Employees who are under suspension without pay cannot legally
be permitted to work during the period of suspension. If employees offer to
work while under suspension, they should be informed it is illegal. FBIHQ
decision in such instances is unnecessary, although FBIHQ should be informed
of the employee's attitude in-making the offer.
13-10 VETERANS' PREFERENCE ACT
(1) When an employee is a veteran and has completed the one�year
probationary period in the Bureau, the employee is entitled under the
Veterans' Preference Act to receive 30 days' advance written notice of
proposed involuntary separation, involuntary reduction in grade or pay, or
suspension without pay exceeding 14 days. The notice must state the reasons
and the veteran must be given an opportunity to answer. During the period of
advance written notice, the employee may be retained on active duty, be placed
on annual leave or leave without pay with employee's consent, or be suspended
without pay (such suspension cannot exceed[14]days in length). In any case in
which there is reasonable cause to believe the employee guilty of a crime
punishable by imprisonment, the advance written notice may be reduced to
whatever length of time is reasonable but not less than seven days.
(2) If on active duty status, the employee must be given a
reasonable amount of time to prepare an answer. The material on which the
Bureau relies in proposing the adverse action must be made available to the
veteran for review in connection.with preparation of an answer.
(3) Upon receiving the employee's answer to the notice of
proposed disciplinary action, FBIHQ will consider it and advise the employee
in writing of its final decision. If this decision is adverse to employee,
the employee has a right to appeal it to the appropriate regional office of
the Merit Systems Protection Board. This right lasts for 15 calendar days
after the effective date of the disciplinary action.
(4) Any necessary notices to employees required by the Veterans'
Preference Act will be handled by FBIHQ.
13-11 RESIGNATION TENDERED DURING PERSONNEL ACTION INQUIRY
(1) It may be that an employee would rather submit his/her
resignation than see the inquiry continue and face possible charges. Division
heads, SACs and other supervisory employees may, upon conclusion of their
findings, discuss with the employee what the intended recommendation to FBIHQ
will be with respect to administrative action, being careful to point out at
the same time that any formal action or charges will be made at FBIHQ.
Accordingly, it is permissible to discuss the possibility of resignation with
the employee. Duress, deception, intimidation or anything similar will not be
tolerated and must not be used to influence employee's decision nor may
employee be denied adequate time, if requested, to make a decision between
resigning or seeing the inquiry continued. Employee should be advised of the
Bureau's procedures for employee discipline and that these procedures allow an
employee the opportunity to rebut negative allegations and recommendations of
his/her supervisors. Employee should also be advised that a voluntary
resignation might preclude him/her from receiving unemployment compensation
he/she may otherwise be entitled to.
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(2) Should an employee involved in allegations submit his or her
resignation from the Bureau's service, such resignation should be received and
forwarded to FBIHQ.
13-12 SCHEDULE OF DISCIPLINARY OFFENSES AND PENALTIES FOR FBI EMPLOYEES
(1) This schedule is to be used only as a guide in determining
appropriate discipline based on the violation of regulations by Bureau
employees. This schedule is not all inclusive, and final determination of the
appropriate disciplinary action warranted in each case will be made by FBIHQ.
It should be noted that the decision�making process utilized in determining
appropriate action in disciplinary matters is extensive in nature and involves
input from every level of management in FBIHQ. In addition, consideration is
given to Bureau policy and similar incidents previously resolved, as well as
any aggravating or mitigating circumstances of the case in point. In some
instances, discussions are held with the Department of Justice and the Office
of Personnel Management before a final determination is made. In most
instances, penalties for violations of regulations will fall within the range
of penalties set forth in this schedule. In aggravated case, a penalty
outside the range of penalties may be imposed. For example, supervisors and
Bureau officials, because of their responsibility to demonstrate exemplary
behavior, may be subject to a greater penalty than is provided in the range of
penalties. The purpose of this schedule is not to remove the personnel
management decisions made in all disciplinary matters but rather to provide an
example and guide which is used at FBIHQ in connection with decisions made in
regard to disciplinary matters.
(2) In regard to suspensions, it is noted that the Civil Service
Reform Act (CSRA) of 1978 provides that days of suspension will be computed in
_terms of calendar days, not days worked. Therefore, recommendation's for a
period of suspension will only be made in terms of calendar days. A period of
suspension will always commence at the close of business, Friday of any given
week. For example, recommendation of seven (7) days' suspension, if _approved,
will result in a forfeiture of five days' pay whereas a recommendation of
fourteen (14) days' suspension will result in a forfeiture of ten days' pay.
A period of suspension in- excess of 14 calendar days is an adverse action as
defined in the CSRA of 1978 (see 13-10 of this section for details).
(3) For the purpose of definition, an "adverse action" is where
an employee is reduced in grade or pay, suspended for more than 14 days or
dismissed. All employees may appeal disciplinary action to the Director of
the FBI[to be received at FBIHQ within 30 calendar days after the effective
date of the disciplinary action.] Thereafter, nonveteran employees in the FBI,
an excepted service, do not have a right of appeal of a disciplinary action to
the Merit Systems Protection Board. However, they may file an action in
court. In conformance with the provisions of the Veterans' Preference Act of
1944, a veteran, following final action on an appeal to the Director of the
FBI, may appeal an adverse action to the Merit Systems Protection Board and,
thereafter, may file an action in court.
(4) The following definitions are furnished for information.
This schedule does not include discipline required by law or infractions
which, in addition to being a violation of Bureau rules and regulations, are
also a criminal offense.
(a) Oral reprimand--Employees are advised of deficiency or
infraction of regulations and notation made in personnel file relating to the
need for the official reprimand.
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PART I c.-)
SECTION 13. DISCIPLINARY MATTERS
(b) Commented upon in annual performance rating--In this
instance, the infraction warranted more than an oral reprimand but is not
considered severe enough for official recognition in the form of a letter of
censure. . This refers to work-related matters only.
(c) Censure--Official written reprimand.
(d) Censure and probation--afficial written reprimand which
includes a minimum probationary period of 90 days for Special Agents and 60
days for other employees.
(e) Censure, probation and suspension--Official written
reprimand which, in addition to a probationary period, includes a period of
time in which the employee is removed from duty without pay.
Demotion--Any reduction in grade or pay.
(g) Removal--Dropped from the rolls of the FBI.
(5) The standards by which all employees are held are set forth
in greater detail in this manual. For further reference, these standards of
conduct can be found in the Department of Justice Order 350-65 captioned
"Standards of Conduct."
(6) An employee may be censured when the cause for administrative
action is sufficiently aggravated as to require a written reprimand. At the
time FBIHQ makes a promotional decision, all relevant information including
the cause for a(disciplinary matter, including probation,]is considered.
FBIHQ expects the employee's superior toprovide a strong favorable
recommendation when the employee has been the subject of disciplinary action
within the preceding 12 months. Lacking such a recommendation,IFBIN]may
determine that a promotion from one GS or Wage level to another should be
delayed for a period of up to 60 days for support employees or up to 90 days
for Agents.
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SCHEDULE OF DISCIPLINARY OFFENSES AND PENALTIES FOR FBI EMPLOYEES
NATURE OF OFFENSE
1. Unexcused or unauthorized
absence of 8 hours or less
2. Excessive unauthorized
absence (in excess of 8 hours)
3. Work deficiencies and/or
inattention to duty
4. Insubordination
5. Unauthorized possession
of, use of, loss of or
damage to Government
property other than motor
vehicle or aircraft
6. ***Unauthorized possession
of, use of, loss of
or damage to Government-
owned or leased motor
vehicle or aircraft
REMARKS
All Personnel
All Personnel
Agent
Personnel
*Non-Agent
Personnel
All Personnel
**All
Personnel
FIRST OFFENSE
Oral reprimand
Co 3-day
suspension
.Oral reprimand
to 5-day
suspension
Oral reprimand
to removal
Oral reprimand
to removal
Censure
removal
SECOND OFFENSE
Oral reprimand to
5-day suspension
Oral reprimand to
15-day suspension
5-day suspension
to removal
3-day suspension
to removal
to 5-day suspension
to removal
Oral reprimand
to removal
All Personnel Oral reprimand
to removal
3-day suspension
to removal
THIRD OFFENSE
Oral reprimand
to removal
Oral reprimand
to removal
15-day suspension
to removal
5-day suspension
to removal
15-day suspension
to removal
5-day suspension
to removal
3-day suspension 5-day suspension
to removal to removal
*Excluding Fingerprint Examiners, Technical Section, Identification Division, for whom
standards of production and accuracy, as well as minimum penalties,'have been established.
**Non-Agent Personnel - First loss of Bureau Identification - No administrative action.
***Title 31, U.S. Code, Section[1349(b),]provides a minimum of 30 days' suspension for
employee who willfully uses or authorizes the use of any Government-owned or leased motor
vehicle or aircraft for other than official purposes.
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� ET NO113 aS
SITILINN AUVNII dID S I CI
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SCHEDULE OF DISCIPLINARY OFFENSES AND .PENALTIES FOR FBI EMPLOYEES
NATURE OF OFFENSE
7. Traffic violations
a. Aggravated (all types)
b. Driving While
Intoxicated
8. Illegal use of Controlled
Substance (Drugs and
marijuana)
9. Criminal, dishonest,
immoral, infamous or
notoriously disgraceful
conduct
10. Failure to honor con�
firmed financial
obligations
11. Unauthorized disclosure
of information from Bureau
records
12. Falsification of official
documents and/or records
REMARKS FIRST OFFENSE
All Personnel Oral reprimand
to removal
,Oral reprimand
to removal
All Personnel Removal
All Personnel Oral reprimand
to removal
All Personnel Oral reprimand
All Personnel Oral reprimand
to removal
All Personnel Oral reprimand
to removal
SECOND OFFENSE THIRD OFFENSE
Oral reprimand
to removal
Oral reprimand
to removal
5�days suspension 15�day suspension
5�day suspension
to removal
Oral reprimand
Removal
Removal
30�day suspension
to removal
Oral reprimand
to removal
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SCHEDULE OF DISCIPLINARY OFFENSES AND PENALTIES FOR FBI EMPLOYEES
THIRD OFFENSE
Oral reprimand
to removal
NATURE OF OFFENSE
REMARKS
FIRST OFFENSE
SECOND OFFENSE
13.
Availability
All personnel
Oral reprimand
to removal
Oral reprimand
to removal
14.
Fitness for duty
Agent
Oral reprimand
Oral reprimand
(overweight)
Personnel
to 5-day
suspension
[[15.
Smoking
All personnel
Oral reprimand
Oral reprimand
[
regulations
to censure
to 5-day
[
suspension
Oral reprimand
to 15-day
suspension
Oral reprimand
to 14-day
suspension]
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PART I
SECTION 13. DISCIPLINARY MATTERS
13-13 DISCIPLINARY PROBATION
Disciplinary probation is a corrective and/or punitive procedure
(which may be imposed with censure and/or suspension when so dictated by the
factual situation) to closely monitor an employee's performance with intent to
provide counsel and correction during a specified period of time. During the
disciplinary probation period, a denial of certain employee benefits may be
imposed.
13-13.1 Purpose of Disciplinary Probation
To provide the employee with notice that the particular area of
inefficiency, delinquency, or poor judgment, etc., will be afforded close
scrutiny for a specified period of time. During the period of disciplinary
probation, the employee is expected to make a concerted effort to improve in
the deficient area.
13-13.2 Length of Disciplinary Probation
The length of the disciplinary probation period is flexible and
will be determined by the Director or[Director's]delegated representative. In
most cases the original disciplinary probation period will be 90 days for
Special Agents and 60 days for support employees. Removal from probation
must be approved by the official who placed the employee on probation or by a
higher Bureau authority.
13-13.3 Effects of Disciplinary Probationon Employee
During the period of disciplinary probation an employee:
(1) Will not be promoted from one GS or Wage Board level to
another;
Development
(2) Will not be considered for advancement within the Career
Programs of the Bureau;
(3) Will not be considered for an Office,of Preference Transfer;
(4) May have a promotion delayed for a period of time not to
exceed the period of disciplinary probation if the action occurred during the
preceding 12 months and has not been offset by a strong favorable
recommendation for promotion from the employee's superior. The final
determination will be made by the Personnel Officer at FBIHQ.
13-13.4 Application of Disciplinary Probation
An employee will be placed on disciplinary probation only when the
cause for administrative action is work performance related or work-related.
(1) Work performance considers the technical competence aspect of
an employee.
(2) Work-related action involves judgment, common sense, and the
impact the cause has on the public's perception of the FBI.
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