The Foreign Service Journal, May 2004

6 AFSA NEWS • MAY 2004 EYE ON SECURITY If a Discipline Letter Comes, Call AFSA T heStateDepartment’sdiscipline statistics for 2003were released in February. The department proposed 205 employees for discipline cases. For 133 of those individuals, the reasonwas “accumulating security infractions.” AFSA urges all employees to adopt good securitypractices. AFSAunderstands thatmany of you work under difficult conditions: you may be working long hours andbe fatigued; you face innumerable deadlines; you receive innu- merable official visitors. Whatever theworking conditions, you are still responsible formaintaining security. Aclean-deskpolicy, sign- out sheet, and a buddy system can all help to reduce the number of security infractions. The most common cause for issuance of a discipline proposal iswhenanemployee incurs three security infractionswithina three- year period. Other causes include themisuse of a government cred- it card, government computer or government vehicle. If you receive a letter proposingdiscipline—a reprimand, a sus- pension, a separation for cause — you can and should reply in a timelymanner, explaining the circumstances. AFSAis ready toassist and recommends you contact the AFSA labormanagement office before sending your response. From the date of receipt of the let- ter, you have 30 days to respond if you are overseas, and 15 days if you are in the U.S. You have the right to submit a written response and tomeet with the deciding official if you request such ameeting. The deciding official is usually one of the deputy assis- tant secretaries in the human resources division. That official then decides whether to uphold the discipline proposal, mitigate it to a lesser discipline, or throw the entire proposal out. If you did not actually commit the infraction for which you are proposed for discipline, AFSA can help you draft an effec- tive response. Even if you did commit the infraction, there may have been mitigating circumstances, and it will help your case to inform the deciding official about it. AFSA can help with that as well. If you choose to meet or speak with the deciding offi- cial, we can help you prepare for this meeting or phone call and can represent you at the meeting/teleconference. In legal par- lance, possible mitigating circumstances are known as the “Douglas Factors.” They allow you to point out, for example, that you have never been proposed for discipline before, that you have a spotless record, etc. Thesemitigating factors can be found at 3 FAM4375. The principle of “similar penalty for like offense” should also be followed, meaning that the discipline proposed in your case should be similar to the penalty meted out in like cases, taking into account mitigating and aggravating factors (see 3 FAM 4374). AFSA does not advocate that employees attempt to avoid a fair penalty for a breach of the rules, but we are available to help ensure that you receive fair and adequate consideration. For exam- ple, AFSA has succeeded in proving that certain career-ending allegations of visa fraud never happened. If, in the end, you are disciplined, a letter from the deciding official goes into your offi- cial performance file and is seen by tenure and promotion boards. You have the right to put your own letter in your file respond- ing to the discipline letter. AFSA can offer guidance on the tone and content of this letter. Finally, you are entitled to grieve a dis- cipline letter, and our attorneys can assist you with this process. AFSA is here to assist you, so please contact us if you receive a discipline letter. ▫ Foreign Affairs Day • Continued from page 1 retirees. If you have not received an invitation and want one, e- mail foreignaffairsday@state.gov, or contact PeterWhaley at (202) 663-2383. The 2004AFSAMemorial Plaque ceremonywill takeplacedur- ing Foreign Affairs Day to honor those Foreign Service personnel who lost their lives while serving their country abroad in foreign affairs. AFSA encourages retirees to join us for Day on the Hill. We have established a new tradition (this is year four): accompanying Foreign Service retirees toCapitol Hill either the day before or the day after ForeignAffairs Day, when somany retiree colleagues are in town. AFSA arranges meetings with congressional representa- tives and staff, providingauniqueopportunity todiscuss theForeign Serviceanddiplomacywithkey legislators. Addyour voice toAFSA’s in support of the Foreign Service. For more information, contact Austin Tracy by e-mail: tracy@afsa.org or toll-free: 1 (800) 704- 2372, ext. 506. ▫ If you receive a letter proposing discipline, you can and should reply in a timely manner, explaining the circumstances. JOSH