EXCERPTS from US EPA ORDER 3120.1 (CONDUCT AND ...

EXCERPTS fromUS EPA ORDER 3120.1 (CONDUCT AND DISCIPLINE)APPENDIX -- Table of Offenses and PenaltiesThis table should be used as a guide by supervisors in order to facilitate comparable actionthroughout the Agency, in comparable cases. While penalties for offenses will usually fall withinthe ranges indicated in unusual circumstances greater or lesser penalties may be applied unlessotherwise provided by law. The list of offenses in this table is not meant to be all inclusive. Foroffenses not listed, penalties may be imposed which are consistent with penalties listed in thetable for offenses of comparable gravity. Days always means calendar days.Nature of Offense 1st Offense 2nd Offense 3rd Offense7. Conduct which is generally criminal, Written 30-dayinfamous, dishonest, immoral or notoriously reprimand to suspension to removaldisgraceful.removal removal10. Stealing, actual or attempted; unauthorized possession of Government property orproperty of others.a. Where substantial value is not involved.b. Where substantial value is involved.Writtenreprimand to 30-day suspensionWrittenreprimand toremoval11. Using Government property orGovernment employees in duty status forother than official purposesPenalty depends on the value of the property or Writtenamount of employees time involved, the nature reprimand toof the position held by the offending employee, removaland other factors.(For misuse of Government vehicles, see 43below.)12. Use of official authority or informationfor private gain13. Failure to obtain required clearance ofan official speech or article.14. Engaging in private business activitieswhich result in or create the appearance of aconflict of interest15. Misuse of official Government credential14-daysuspension toremovalWrittenreprimand to 5-day suspensionWrittenreprimand toremovalWrittenreprimand toremoval14-daysuspension toremovalremoval5-daysuspension toremovalremovalremoval14-daysuspension toremoval14-day5-day to 14-suspension today suspensionremoval20-daysuspension to removalremoval5-day 1-daysuspension to suspension toremoval removal

Nature of Offense 1st Offense 2nd Offense 3rd Offense20. Insubordinate defiance of authority,disregard of directive, refusal to complywith proper order.27. Forging or falsifying officialGovernment records or documents.30. Conducting personal affairs while induty status.35. Reprisal against an employee forproviding information to an Office ofInspector General (or equivalent) or theOffice of Special Counsel, or to an EEOinvestigator, or for testifying in an officialproceeding.36. Reprisal against an employee forexercising a right provided under 5 U.S.C.Chap 71 (governing Federal labormanagementrelations).37. Finding by MSPB of refusal to complywith MSPB order of violation of statutecausing issuance of special counselcomplaint. [5 U.S.C. 1206 (g) (1) and 1207(b)]38. Directing or rendering services notcovered by appropriations. [5 U.S.C. 3103]39. Prohibited political activity.a. Violation of prohibition against politicalcontributions. [5 U.S.C. 7323]b. Violation of prohibition againstcampaigning or influencing elections. [5U.S.C. 7324 and 7325]Writtenreprimand to 14-day suspensionWrittenreprimand toremovalWrittenreprimand to 1-day suspension.Writtenreprimand toremovalWrittenreprimand toremoval5-daysuspension toremovalremoval2-day to 10 daysuspension.14-daysuspension toremoval14-daysuspension toremovalremoval30-daysuspension toremoval30-daysuspension toremoval30-daysuspension toremovalWritten reprimand to removal, debarment fromFederal Service not to exceed 5 years, orassessment of civil penalty not to exceed $1,000.removalremoval41. Soliciting contributions for a gift for asuperior; making a donation as a gift to aremovalsuperior; accepting a gift from an employeereceiving less pay. [5 U.S.C. 7351]30-day suspension to removal

Nature of Offense 1st Offense 2nd Offense 3rd Offense42. Action against national security. [5 U.S.C.Suspension to removal7532]43. Willfully using or authorizing the use of agovernment passenger motor vehicle or aircraft 30-day suspension to removalfor other than official purposes. [31 U.S.C. 1344]44. Willful concealment, removal, mutilation ordestruction of a public record. [18 U.S.C. 2071]removal46. Resources ManagementInitiating and deciding officials should be aware that actions taken in good faith and withoutnegligence are not intended to be actionable.e. Any resources management decision or action oruse of official authority or influence that results ina violation of the Standards of Ethical Conduct forEmployees of the Executive Branch at CFR Part2635 or in violation of the Federal AcquisitionRegulation at 48 CFR Part 3.104.Writtenwarning to 3-daysuspensionWritten letter ofreprimand to30-daysuspension30-daysuspension toremovalNOTE: Any suspension action taken against a member of the Senior Executive Servicemust be for a minimum of 15 days. See Section 5 U.S.C. 7541 - 7543 and 5 CFR Part 752,Subpart F.