Dear Bureau Pat

Dear Bureau Pat: I have a staff member with a disability. What are my obligations as a supervisor to provide reasonable accommodations?

Bureau Pat — Fri, 04 Jul 2008 12:34:00 GMT

Dear Bureau Pat,

I have a staff member with a chronic health condition who for years did not require any special accommodations. Recently, his condition progressed to where he has requested special equipment to fulfill his day-to-day activities at work. What are my obligations as a federal supervisor regarding reasonable accommodations and is my office responsible for personal items such as glasses, wheel chairs or hearing aids?

Dear Perplexed,

As a model employer, the federal government has lead the effort in not just educating the public about employment opportunities available for individuals with disabilities, but understanding the contributions that all people provide - even your old boss you swore was retarded.

In order to understand your responsibilities as a supervisor, Bureau Pat feels obligated to provide a little background first.

As a federal employer, you must first comply with Executive Order 13163, Increasing the Opportunity for Individuals with Disabilities to be Employed in the Federal Government, where you and your employer are responsible for:

Providing reasonable accommodations for qualified applicants and employees with disabilities, consistent with each agencies' reasonable accommodation policies as well as guidance from the Office of Personnel Management (OPM) and the Equal Employment Opportunity Commission (EEOC).

Specifically, you are also required to be compliant with Executive Order 13164, Establishing Procedures to Facilitate the Provision of Reasonable Accommodation, and resulting EEOC guidance dated October 20, 2000, where reasonable accommodations must be provided to qualified individuals with disabilities unless to do so would impose an undue hardship on the agencies.

So what is a reasonable accommodation?

It sure isn't Gitmo! Reasonable accommodation, according to the Rehabilitation Act of 1973, is a change in the work environment or in the way things are customarily done that would enable an individual with a disability to enjoy equal employment opportunities. There are three categories of reasonable accommodations:

Modifications or adjustments to a job application process to permit an individual with a disability to be considered for a job (such as providing application forms in alternative formats like large print or Braille);
Modifications or adjustments necessary to enable a qualified individual with a disability to perform the essential functions of the job (such as providing sign language interpreters); and
Modifications or adjustments that enable employees with disabilities to enjoy equal benefits and privileges of employment (such as removing physical barriers in an office cafeteria - sorry, we're talking inanimate objects here, not you large cubicle mates).

Remember, you do not have to provide reasonable accommodations that would impose an undue hardship on the operation of the agency.

So what is an undue hardship?

An undue hardship is a specific accommodation would require significant difficulty or expense. This determination, which must be made on a case-by-case basis, considers factors such as the nature and cost of the accommodation needed and the impact of the accommodation on the operations of the agency.

Regarding your question on personal items, you are not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.

More importantly, the federal government has empowered you to make the decision in most cases to eliminate unnecessary levels of review and to cut the typical bureaucratic red tape. If you deny this individual's request for a reasonable accommodation, you must notify the individual in writing of the denial and the reasons for it. The denial should be written in plain language with as much specificity as possible, and should identify the employee or office that made the decision. In other words, CYA!

I hope this information helps in your decision and serves you and your staff well.

The Only,

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Dear Bureau Pat: Can I insist a witness or a tape recorder be present between my boss and I?

Bureau Pat — Fri, 27 Jun 2008 09:17:00 GMT

Dear Bureau Pat,

Is it legal to insist that a witness or tape recorder is present in a meeting between my boss and I? Can I refuse the meeting if he says "no"? Or is there policy or law that I can show him to prove that I may or may not have this right? Thanks for the help.

Dear Third Party,

The days of smuggling in an awkward unreliable tape recorders are over and the equipment you might consider has now been replaced by sleek cell phones and other digital recording device these days, making the prospect of surreptitiously recording your wacky boss's ranting a lot more appealing. BureauPat has known several staff who have recorded conversations at work without the other party having knowledge of it, which does not violate Federal law. However, many states have laws which prohibit it such as California and Maryland.

But your question seems to imply that you aren't interested in going all secret agent and don't want to do this covertly. This is good--your overt approach and insistence on a witness is more subject to state laws and agency policy than anything else--and it will be more administrative law for the most part.

A witness may be present at most meetings---and that is often a policy of both public and private organizations to avoid any misinterpretations of misuse of things. If a tape recorder is used, it should be done with permission of both parties--but also creates a chilling effect on the process. This might not be a bad thing, it can just turn things into a rather formal inquiry, rather a discussion.

Worst case, if your departmental/agency employee handbook provides that tape recordings may not be made of meetings, that the employee many not bring somebody in during a discussion, etc. and if those types of issues have been upheld--then they are hard to beat. But many of these provisions may undergo transformation if and when they are challenged for violating due process.

The current Supreme Court will be divided on this---to be sure!

While you can not refuse a meeting with your boss, you can ask that third party be present. Again check with your Human Resource office to find out the specifics of your agency's policy, especially the refusal of supervisor to have a third-party present. It is BureuaPat's position that employees and managers should never tape record telephone or personal conversations without knowledge and approval of the other person. Even then, I strongly discourage its use because by tape recording the other party to a conversation, even with his or her consent, you are implicitly accusing the other party of being a liar. This hinders healthy labor-management relations. But inviting a third party (e.g., your employee relations specialist) , especially in difficult situations will hopefully ensure a civil meeting.

The Only,

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Dear Bureau Pat: I'm going to 'the Hill.' What should I expect?

Bureau Pat — Fri, 20 Jun 2008 14:11:00 GMT

Dear Bureau Pat,

After years of working in the field for a federal agency, I now work at headquarters in DC. Tomorrow I'm going to "the Hill" for the first time and must admit that I feel those "first-day-of-school" butterflies to a degree I haven't in years. Are my nerves justified or overblown? What should I expect?

Dear Politico,

Keep well clothed, avoid bathroom stall foot tapping, and don't accept any "free" vacations or meals from strangers and you should be OK. Welcome to the beltway!

Feeling nervous in a new situation is to be expected. Unfortunately, in this new situation you will learn that the nasty hand of politics is always in play. As I'm sure you realize, you are now dealing with the Big Kahunas who not only have a direct affect on your personal outcome, but also the well-being of the American citizens your agency serves.

As government staff we usually focus on the mission of our agency and what is best for the American people. Though members of congress should be doing the same, in reality they are each focusing on their own unique constituencies - 535 different ones. Typically a member of Congress's agenda is be based on:

Oversight - is this issue within their congressional oversight?
Reelection - will this issue help me keep my job?
Timing - is it the right time to support or reject this proposal?

Prepare ahead of time by finding out as much as you can about the particular agenda(s) you will be dealing with. This will help you tailor your message and anticipate questions you may be asked.

So what happens when you go to "the Hill?"

After you get the government security shake down, you will be presenting to either personal and/or committee staff. It might help to know some generalities about the different types of staffers.

Personal staff are usually younger and support their representatives at both a local and national level through their District and Washington offices and are characteristically constituent driven. The exeptions to this rule are Legislative Directors that help drive the Congressman's legislation through and Chiefs of Staff, that supervise all operations in the member's office. These positions require many years of experience before attaining.

Committee staff are, generally, older than personal staff, specialized and more issue-driven. The flavor of the conversation will vary depending on who the meeting is with and your position.

Bureau Pat has met many staffers over the years, and for the most part they are dedicated and talented public servants whose intentions are to do what is best for the American people, even those who work for egomaniacal, red-faced, table-pounding Senators.

In addition to understanding the political agenda of the member(s), you must be able to develop a strategy for judging the political environment by understanding the:

Overall environment - the issue(s) at the national level
Department Situation - issue(s)/position(s) at the departmental level
Agency/Office Situation - issue(s)/position(s) within your agency
Project/Program Situation - the issue(s) as it affects your support to your project/program

As your meeting begins, it is important to remember we are not lobbyists. Nor is it our job to placate the egos of the member. It is important that you strike the appropriate balance to educate the member(s) on whatever topic you were brought to the Hill to discuss, calmly, rationally, thoroughly, and intelligently.

Remember that what you may perceive as the correct position is not always right. You must know your agency's position and advocate that over your personal beliefs, unless the agency's position goes against policy.

The staff or member will push for a commitment to a particular resolution course. However, if you are not the President or the Secretary of the entire agency, you can't make one on the spot. So don't overcommit your agency to something you don't have control over. Part of the reason politicians tend to put agency directors on the spot is because it makes them look tough and action-oriented on camera for their supporters. You do not have to follow their lead.

With that said, Bureau Pat's experiences on "the Hill" all have been interesting with ultimately successful outcomes. I'm certain that you will feel the same, especially now that you are armed with this preparation. Best of luck to you and if you run into trouble, remember these choice expressions: "we're currently looking into it," and "I'll take that under advisement."

The Only,

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Dear Bureau Pat: What is an FEI moment?

Bureau Pat — Fri, 13 Jun 2008 09:35:00 GMT

Dear Bureau Pat,

I was in a meeting today and I overheard my GS-15 boss say he had an FEI moment? Most of us looked at him cluelessly, but his SES boss and another GS-15 both nodded knowingly. I've heard of the Federal Executive Institute (FEI), but what does this expression mean?

Dear Fascinated,

Your boss is a member of the elite federal club of Federal Executive Institute (FEI) graduates and was indicating that with the FEI version of a secret handshake. Don't expect him to explain it to you lowly serfs. Luckily, Bureau Pat is willing to spill the beans.

FEI was established in 1968 by President Lyndon B. Johnson, who recognized the critical importance to increase the capacity of top civil service executives and professionals within the federal government. FEI is located at Charlottesville, Virginia.

The landmark course to enhance senior leadership is called Leadership for a Democratic Society (LDS) - not to be confused with the other LDS (Latter-day Saints) - which is a four week program designed to improve the leadership skills of senior career federal government executives to enhance their individual performance and the performance of government agencies. The program focuses on four themes: personal leadership, transforming organizations, policy in a Constitutional system, and the global context for executive action.

To get to the crux of your question, typically seventy executives are enrolled through a competitive process into an LDS session, where members are broken into Leadership Development Teams (LDTs)... because you just can't have a government program without a new set of jargon and acronyms. Since executives spend a great deal of their time in these groups and work closely together for the 4-week period, they need to develop group cohesiveness quickly. Guided by a professional facilitator, the group is asked to share a personal moment that is meant to make the person vulnerable but enhance trust within the group. That is were the FEI moment typically comes into play.

These vulnerable moments (past or present) are meant to make you feel sympathy and create emotion and you will be surprised what issue your team members have in their past or present and is part of their make up. They range from normal to outrageous and may include cheating spouses, abusive relationships, poverty, death/near death, personal recovery, etc. When these heart-wrenching situations are presented, either the individual or the group as a whole gets emotional and sheds a tear or many.

That is a FEI moment. It may be the one thing that humanizes your current leadership because in most cases they have to be a rock for everyone else to lean on. Just know that even those in leadership positions may have/had rough experiences and were not all given a silver spoon or easy ride to the top. It is how they dealt/deal with these difficult situations that makes them a good or bad leader.

The Only,

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Dear Bureau Pat: I'm pregnant, on bed-rest, and want to work; can I telework?

Bureau Pat — Fri, 06 Jun 2008 04:23:00 GMT

Dear Bureau Pat,

I'm a hard working federal employee and expecting my first child. Unfortunately, I've had a tough time and at 20 weeks I've been placed on bed rest to prevent early delivery. My doctor says the only limitations I have are continuous movement. I really don't want to use up all my leave before the baby is even born, plus I'm going to go crazy without anything to do! Can I work from home?

Dear At Home,

Why would you want to work when you have every excuse to sit at home, eat anything, watch Oprah, and buy unnecessary devices off infomercials? Better yet, take your bed rest to a spa and let a masseuse rub the workaholic right out of you!

Still not with me? Then let's get to the thrust of your question and jump right into things kind of like you did 20 weeks ago.

While the late 20-century technology revolutionized the workplace, the 21-century workplace is evolving even further with computers, remote connectivity, voice and electronic communications, paperless work processes, HDTV - OK this doesn't belong in the list but I had to mention how cool it is - and other innovations make information and work increasingly mobile. However, this does not mean your supervisor has evolved along with the technologies, especially if he/she is a throw back to the days of punch cards, and by that we mean time cards not pregnant chads in South Florida...I did not make up that term just for you, I swear.

For over a decade, laws addressing telework (under various names - "work at home," "flexible work," "telecommuting," etc.) have been in effect for federal employees. The main legislative mandate for telework was established in 2000 (§ 359 of Public Law 106-346). This law states that "each executive agency shall establish a policy under which eligible employees of the agency may participate in telecommuting to the maximum extent possible without diminished employee performance."

Remember, each agency has its specific policies for telework, but typically, they fall into two types of telework arrangements, "regular and recurring" and "ad hoc," based on the recognition that organizational and employee needs may vary considerably and should be considered on a case-by-case basis.

Some situations require occasional or infrequent arrangements, while situations like yours are more conducive to longer periods or regularly scheduled arrangements. The intent in offering two types of telework is to provide supervisors, managers, and employees the maximum flexibility to establish an arrangement that is responsive to their particular situation. However, regular and recurring telework of at least one day per biweekly pay period usually receives the most support and approval from managers.

Unlike "ad hoc," regular and recurring telework requires an approved work schedule where eligible employees regularly work at least one day per biweekly pay period at an alternative worksite.

Reasons for regular and recurring telework arrangements include:

the recruitment and retention of high-quality employees;
improved employee morale and a better balance of work and personal lives;
reductions in commuting related stress and costs;
improvements in access or as a reasonable accommodation for disabled employees;
reductions in office space and associated costs;
the need for convalescence from a short-term injury or illness;
periods when the work office is not usable (e.g., during office renovation); or
assignment to a special project.

It is important to note that telework is not a substitute for dependent care and is not to be used to replace care arrangements.

Specific to your situation, a pregnancy is regarded as a serious health condition; however, it does not automatically qualify you for telework. When an employee has medical documentation that states that the employee should not commute to work, should be confined at home, or is hospitalized during the pre and post-delivery periods, then the employee should be approved for a medical telework arrangement for those periods in which the employee is able to work (if requested) and the tasks to be performed are appropriate for a telework arrangement.

This means that if your job entails answering phones at your agency or dealing with people on a face-to-face basis, teleworking is not for you.

While the polices that establish telework are on your side, it is important to remember that all leave and flexible work schedules are a privilege and not a right. Talk to your supervisor armed with this information, remembering that it is ultimately his or her decision.

If all else fails, you can cry, curse, or flip out in your supervisor's office and blame your behavior on the hormones.

The Only,

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Dear Bureau Pat: Can my supervisor make me get a doctor's note when I'm sick?

Dear Bureau Pat: Can my supervisor make me get a doctor's note when I'm sick?

Bureau Pat — Thu, 29 May 2008 10:00:00 GMT

Dear Bureau Pat,

I've been sick several times this month and my supervisor is asking for a doctor's note. I feel like I'm being punished. What makes my supervisor think he can do this?

Dear Sicko,

From your question, I can't tell if your supervisor is out of line or if you might be abusing sick leave to combat a recurring case of the "Mondays."

The first thing that may surprise you is that you do not have the right to take sick leave whenever you feel like it. Whether you are an employee in the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS), sick leave may be granted by the supervisor for absences for illness, injury, medical or psychological appointments and/or treatment, adoption of a child, or certain circumstances involving contagious diseases in accordance with applicable laws and/or regulations. Additionally, sick leave also may be applied and granted for purposes set forth in the Family and Medical Leave Act and for Sick Leave for Family Care.

While we don't plan for illness, most supervisors are understanding and will grant your leave when you call in with the hoarse voice, cough and wheeze. After all, it is in the best interest of the organization to keep you home so you get better and don't infect the rest of us with the flu, cold or ailment of the week.

Most employees don't abuse sick leave, but conventional wisdom says the abuse that does happen is more prevalent from federal employees in FERS versus CSRS. This stems from the fact that employees in CSRS can cash in their all their accumulated sick leave at retirement, which can be a significant lump sum for a down payment on a retirement boat, motor cycle, sports car or Florida home. Employees in FERS receive no such payment and have no such incentive to avoid using sick leave.

We all know sickness is part of the human experience, but even the most naïve supervisor will eventually wise up if you are "sick" every time there is a 3-day weekend or after wild nights out.

So, the answer to your question is... yes, your supervisor can ask for a doctor's note when the supervisor has reasonable grounds to suspect sick leave abuse.

You may be required to provide your supervisor with medical certification:

for an unscheduled absence in excess of three (3) consecutive workdays;
for any use of sick leave if the individual is officially on leave restriction;
for a chronic condition which does not necessarily require medical treatment although absence from work may be necessary.

If you have previously furnished a medical certificate of the chronic condition, you may not be required to furnish a medical certificate on a continuing basis. However, your supervisor may require reasonable updates to the medical certificate;

to consider an individual's request for leave for medical reasons, including treatment and convalescence related to childbirth, and care for a spouse, son, daughter, parent, or legal ward with a serious health condition;
to consider an individual's request for special consideration such as reassignment or other reasonable accommodation and there is a question as to the medical need for such accommodation;
to consider requests for advanced sick leave;
to support requests for Sick Leave for Family Care

A good supervisor will notify the employee of the suspected sick leave abuse before taking further action. Perhaps this is what your supervisor is attempting to do.

Additionally, the supervisor may notify you in writing, for a stated period not to exceed six (6) months for the first offense, that you are to be placed on sick leave restriction, and that requests for sick leave will not be approved unless supported by medical certification.

Typically, individuals on leave restriction will be required to furnish medical certification upon return to duty, not later than three (3) business days from his/her return to work.

Ask to meet with your supervisor to clarify his/her concerns about your use of sick leave. If after that meeting you feel that you are being unjustly monitored, meet with your local equal employment office (EEO) to discuss your options.

The Only,

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Dear Bureau Pat: Under what circumstances would the CIA be required to submit tapes of their interrogations of terror suspects?

Bureau Pat — Thu, 22 May 2008 09:43:00 GMT

Dear Bureau Pat:

In 2005, the CIA clearly felt that their interrogation procedures might be subject to scrutiny. Under what circumstances would the CIA be required to submit tapes of their interrogations of terror suspects? Who would have the authority to request this confidential information and how would they go about mandating it?

Dear Watchdog,

Your question(s) have been under investigation by two oversight committees within Congress and, because these questions are of a sensitive nature and addressed in closed hearings where the public and the media are not allowed access, we may never have all the answers. These committees are:

1. The Select Committee on Intelligence, led by Chairman Jay Rockefeller, who, among other duties, provides vigilant legislative oversight into the intelligence activities of the United States, assuring that such activities conform to the Constitution and laws of the United States.

2. The Permanent Select Committee on Intelligence, led by Chairman Silvestre Reyes. Stemming from the Intelligence Oversight Act of 1980, the Committee's jurisdiction is to keep tabs on the heads of those intelligence agencies who are mandated to keep the Committees "fully and currently informed" of their activities, including "any significant anticipated intelligence activity."

Typically, overt or covert actions within the administration are pursued by administrative policy (in this case classified policy) within the White House, through what the Bush administration refers to as National Security Policy Decisions, or NSPDs. At the operational level, agencies like the Central Intelligence Agency (CIA) or the Department of Defense (DoD) develop actionable orders or internal policy by interpreting the President's policy (in the DoD, they're called Execution Orders-EXORDS). However, on occasion, policy may come in some other form of direct correspondence.

The Department of Justice could also subpoena the tapes, if they were needed as evidence in a trial. Remember we're dealing with a bureaucracy, and in most cases agencies and their staff do not act without direction or higher authority. So at the end of the day, the two committees have the mandate to find the answers and the Court may exert its power if a federal case is made. But the real question lies not in the procedures of interrogation (e.g., water boarding) but rather in any potential obstruction of justice by the administration.

The Only,

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Dear Bureau Pat: How do I give a new employee a warm welcome?

Bureau Pat — Thu, 15 May 2008 14:07:00 GMT

Dear Bureau Pat,

I have a new staff member joining my team next week, what should I do to ensure a warm welcome?

Dear Welcome Wagon,

Were it the 1970's, I'd say welcome them in with a Bloody Mary, a pack of smokes, and a pair of huge sunglasses. But alas, those days are over, although the super shades have regrettably reemerged as fashionable masks.

In my experience, welcomes may vary from a surly hello and total immersion into work the first day, to a thoughtful card and a plant - just make sure they have an office near a window or you'll be perceived as a cruel prankster.

It doesn't take a consultant or a think tank to understand the value of effectively integrating new employees into the workplace. This integration should boost employee performance and possibly even minimize staff turnover, as employees are less likely to leave a welcoming environment.

First, ask yourself what does the new member need to be comfortable and do the job he/she was hired for? There is nothing worse than coming into a new office that is disheveled with no computer access, office supplies, chair, clean desk, or materials to read over in preparation for work.

To avoid this situation, the welcoming process really needs to begin once the person accepts the position. Supervisors should develop a notification system so that everyone from information technology to facilities maintenance can ensure new staff members have what they need to do the job when they arrive on the first day.

We can learn from our men and women in uniform here, as this is something the military does very well. Prior to a member going to a new assignment, they are handed a welcome package containing information about their job tasks and the local area so they can prepare for their first days at work. You can do the same.

In the packet of information, try to address the questions a new employee might have. The first is, where is everything? To answer this, include a map of the building's interior if available. If not, provide a one page descriptor of room numbers for important places like the bathroom, office supply room, kitchen, copy room, mail room, and various offices he/she may need to know about.

The packet should also include information about the division and office the new person belongs to. Nothing is worse that getting bossed around by a variety of people, only to find later you report to none of them. If the newcomer has management responsibilities, give them bios and position descriptions of the individuals they are managing as well as the "big rocks" being addressed by their staff. And make sure the person knows to whom he/she reports.

Each agency has a unique culture and often times, so does each office. Thus, it's important to inform the newcomer to these cultures. Are people hard-core environmentalists who'll be offended if you don't join their car pool? Does the staff all eat lunch together? Is teleworking encouraged or discouraged? Are the hours flexible? Is there a coffee or water club? Let the person know these things in advance so they don't make a bad first impression with the staff.

Once the new employee has been properly briefed, walk them around the facility to meet and greet others and get to know the building. Be adventurous and venture out of your row of cubicles and introduce them to others they will encounter periodically.

After he/she becomes settled at their desk and has time to read over materials, spend time with them. Go over the mission of the office and the agency, and walk them through the ongoing projects and tasks they should be aware of, even if they don't play an active role.

The first week, set performance expectations and ensure that the new hire starts doing meaningful work as soon as possible. Most people want to feel like they are contributing and not just being kept busy. It is your opportunity to set the tone for the work ahead.

It's also best for managers to provide initial training and give and solicit feedback during the first 90 days.

Remember, hiring someone is the first step. Keeping and retaining a good staff member is the real challenge and the first 90 days have a tremendous impact on that. If you follow my advice, the newcomer won't be huddled by a messy desk with no computer access being ignored and thinking: "Did I make the right decision? Should I have stayed at my last job? Are these people all nuts?

The Only,

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Dear Bureau Pat: How can I reward exceptional performance?

Bureau Pat — Fri, 09 May 2008 16:36:00 GMT

Dear Bureau Pat:

I recently moved into a manager position and have had the fortune to work with some competent, some adept, and even some exceptional staff members. Recently, one of those exceptional staff members stepped up to execute with great outcomes a project that required extra hours and attention. I will definitely note this in her annual performance appraisal, but that is months away and I think she deserves recognition now. What can I do?

Dear Thoughtful:

While it may be fun to play bad cop and discipline employees, providing recognition for good work is the sign of a good manager. And, studies have shown that recognition is a key factor in employee satisfaction that correlates with higher employee retention, customer satisfaction, and productivity.

Federal managers often wait until the end of a cycle to show their appreciation. That being said, there’s no reason to avoid laying praise where it belongs, so long as standards for excellence are high enough. The last thing we all need is to hand out rewards for mediocrity – that’s best left to the Daytime Emmy’s.

Most agencies have a formal recognition program, not so ironically called the “Employee Recognition Program.” I suggest you look into your agency’s specific awards by networking with the human resources staff, since these types of awards (plaques, certificates, etc.) can be a key addition to one of your staff’s “love me” walls.

It is always nice to provide immediate recognition with a little cha-ching! Therefore, I first recommend the on-the-spot cash award. Most agencies divvy these funds up equitably between their work units and you may be limited on the amount of the award based on your budget.

Bureau Pat has seen awards that range from $25 to as high as $1,000. Yes, being a fed can treat your pocket well if you’re a strong performer with a good supervisor/manager. You can also give on-the-spot awards to employees in other offices. One caveat: those funds will come from your staff’s allocation. So be judicious, but don’t let that prevent you from recognizing truly exceptional performance even if it is not one of your own.

Other forms of recognition include a letter of recognition. Bureau Pat has used this on many occasions for external staff that went the extra mile for me or my staff. This is done by simply writing a well written memo to the member’s reporting chain that reflects the individual, their contributions and the positive outcomes. The tool provides concrete documentation of exceptional performance and gives the member visibility they may not typically receive.

Also don’t overlook the value of a simple complement, it goes a long way! Just make sure that compliment has no sexual overtones or your butt will end up in the EEO office.

The time you spend providing recognition will serve you and the organization ten-fold. Cash in the pocket and a pat on the back will keep your employees smiling and working hard…well, maybe not all of your employees, but certainly most of them.

The Only,

Dear Bureau Pat: A poor performer under my supervision is planning to resign. Should I be worried about anything?

Bureau Pat — Mon, 28 Apr 2008 14:10:00 GMT

Dear Bureau Pat:

I have heard a rumor that a poor performer under my supervision may resign. I am a new supervisor and this would be the first resignation of one of my employees, while I am not new to government I have heard stories about such situations not going smoothly. Should I be worried? Can you give me any advice to make sure things go well?

Dear Lucky Bastard:

Typically, the voluntary resignation of a poor performer is a supervisor's ultimate fantasy. Were this the private sector, my advice would be to hit an early happy hour with the employees you like and buy everyone a shot in celebration of this tax drain's departure. But this is government and things aren't so cut and dry. Bureau Pat has learned some valuable lessons that should be passed down.

Before we get into the advice, let me start with a story of a resignation going awry.

A supervisor I know had a difficult employee who was on a path of disciplinary action. After several months of absenteeism and poor performance, feedback sessions, and opportunities to improve, the supervisor provided a difficult but honest feedback assessment with a recommendation for placement in another position with a clean slate. Following the difficult conversation, the employee provided a written resignation, terminating that same day.

The supervisor accepted the resignation and worked with the staff member and human resources to properly remove the employee by the close of business, realizing the member could change his mind by midnight that day. Midnight came and passed, and the member provided no withdrawal. A few days after, the supervisor began working to fill the position.

Two weeks later, the employee came back into the office as if he'd just been on a nice vacation and nothing had happened, convinced he was still employed with the agency. He came into the building, logged into his computer, and began checking and writing emails. The supervisor's calls for the employee to leave were ignored and eventually the employee was forcefully removed by security in a messy and public scene.

It gets worse...After being escorted from the building, the employee reached out to his affinity and union groups. These groups created a long and arduous process that lead to the eventual return of the employee with all his leave reinstated and a nice cash settlement. Apparently, since the employee's badge was never collected, a legal loophole allowed the employee back to work.

Bureau Pat suspects that there are many other stories in government like my friend's, but hopes that your difficult employee will realize what is best for him/her and the two of you will part amicably.

Now for some advice.

Right now, you should do nothing. Let nature take its course and if this employee really wants to leave it must be under his/her own condition(s). Remember, it is only a rumor and any action that you take that may be perceived as coercion may lead to a lengthy grievance process that may ensure this poor performer not only stays in their current position but gets a couple kick backs from Uncle Sam along the way.

With that said, let's start with the fundamentals. A resignation is the separation of an employee from the agency at his/her own request. 5 CFR Subpart B part 715.202 states:

"an employee is free to resign at any time, to set the effective date of his resignation, and to have his reasons for resigning entered in his official records...and an agency may permit an employee to withdraw his resignation at any time before it has become effective."

Only when the employee hands in his/her resignation in writing is it a clear statement that this employee is requesting to leave their job. Threatening to leave, or saying you're looking for another job, or hearing rumors from other staff does not equate to a formal resignation.

Bear in mind, you cannot demand a resignation. That is, no employee can be coerced or threatened to obtain his/her resignation, no matter how useless or detested he/she may be.

Let's assume in your case that the rumors are true and you are fortunate enough to have this taxpayer burden resign. When the employee approaches you, have him/her complete a SF 52 form or submit the resignation in writing, signed and dated, with an effective date and reasons for resigning. Also - and this is most important - have them process out properly as any other transitioning federal employee would in your office (e.g. collect keys and badges, reset passwords, etc.).

In an ideal situation, this poor performer will provide two-weeks notice to allow for orderly planning. If not, you may ask for a reasonable period of notice but you cannot set an earlier or later date than the date selected by the member. Understand his/her resignation is a voluntary termination of employment and this member can resign at any time; advance notice is not required. Furthermore, in most agencies the resigning employee may withdraw a resignation before it becomes effective.

If the stars are aligned in your favor, then you will have been relieved from the arduous process of disciplining and firing the member. You can consider this poor performer's decision to move on a blessing for both of you!

Keep us informed of your progress.

The Only,