Career SES appointees,
and certain limited appointees may be suspended for disciplinary
reasons, which is defined as "misconduct, neglect of duty, malfeasance,
or failure to accept a directed reassignment or to accompany a position
in a transfer of function." Suspensions must be for more than 14
days because there is no statutory authority for a lesser number.
However, an agency may issue a reprimand or admonishment for offenses
that do not warrant a suspension. In most cases, the executive must
receive 30 days' advance notice of a proposed suspension, has the
right to reply, and the right to appeal to the Merit Systems Protection
Board (MSPB).
The law does not specify procedural requirements for noncareer, most limited term appointees, limited emergency appointees, and reemployed annuitants. Thus, such appointees may be suspended under whatever procedures an agency establishes. Appointees under these circumstances do not have appeal rights to MSPB.
Removal
A. Career appointees:
If a career executive is removed during probationary period for performance reasons, he/she is entitled to placement at GS-15 with saved pay (unless appointed to SES from outside Government or from a noncareer-type appointment). After probationary period, the executive must be placed in another position within SES or removed from SES for one unsatisfactory rating. An executive must be removed from SES for two unsatisfactory ratings in 5 years, or for two less than fully successful ratings in 3 years. The executive may request informal hearing before Merit Systems Protection Board (MSPB), and is entitled to placement at GS-15 with retained pay. No career executive can be removed for performance during 120 days after appointment of new agency head or new noncareer supervisor with removal authority, except removals based on unsatisfactory rating given prior to appointment.
Reduction-in-force (RIF) retention determinations are based primarily on performance. The agency must place an executive who has completed probationary period in any SES vacancy for which he/she is qualified. If no vacancy exists, OPM has 45 days to try to place executive elsewhere in the Government. If the executive cannot be placed in SES, he/she is entitled to placement in the agency at GS-15 with saved pay, and has appeal rights to MSPB on agency compliance with competitive RIF procedures.
In lieu of fallback to GS-15, the executive may elect discontinued service retirement with 25 years service or have 20 years of service at age 50. There is a financial penalty in annuity based on age, unless removal is for failure to be recertified.
Disciplinary removal procedures and rights are similar to those for competitive service employees, except that the standard for action is "misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function." The executive must receive 30 days' notice, has the right to reply, and may appeal to MSPB, but has no fallback right to GS-15.
B. Noncareer and limited appointees:
Removal is at pleasure of agency head. The law does not specify procedural requirements for noncareer, most limited term appointees, limited emergency appointees, and reemployed annuitants. Thus, such appointees may be removed under whatever procedures an agency establishes. Appointees under these circumstances do not have appeal rights to MSPB. Some executives on limited term appointments have fallback rights.
