PAY PARTICULAR ATTENTION TO THE USE OF "ANONYMOUS" INFORMATION, THE HE SAID SHE SAID OF THE SUBSTANTIVE ALLEGATION. LlOOK VERY CLOSELY WHO THE AGENT WAS ALLOWED TO RESPOND TO THE ALLEGATIONS TO. THE SUPERVISOR WHO WAS PROPOSING THE ACTION. TALK ABOUT JUDGE, JURY AND EXECUTIONER. ALL DIRECTLY IN VIOLATION OF ATF ADVERSE ACTION POLICY AND THE OFFICE OF THE INSPECTOR GENERALS RECOMMENDATIONS OF 2005.
February 15, 2006
MEMORANDUM TO: Special Agent *******, Sacramento Field Office
FROM: Resident Agent in Charge, Sacramento Field Office
SUBJECT: Notice of Proposal to Suspend for Three (3) Calendar Days
This is notice that I propose to suspend you from your position of Criminal Investigator (Special Agent) GS-1811-13, Sacramento Field Office, San Francisco Field Division, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), for a period of three (3) calendar days, no earlier than fifteen (15) calendar days from the date you receive this notice. This action is proposed in accordance with Chapter 75 of Title 5 of the United States Code (USC) and the implementing regulations at Part 752 of Title 5 of the Code of Federal Regulations, for the following reason:
REASON 1: Inappropriate Conduct
The specific reason for proposing that you be suspended is discussed below.
On October 21,2005, you were issued a Letter of Caution dated October 19,2005, regarding your inappropriate interaction with your fellow Agents. Specifically on October 11, 2005, you sent an e-mail to all Special Agents in the Los Angeles Field Division, including Supervisory Special Agents, Assistant Special Agents-in-Charge and the Special Agent-in-Charge, expressing your displeasure with events that occurred in Laughlin, Nevada at the IOMGIA conference. In that e-mail, among other things, you chastised the person whom you believed "embarrassed the hell out of you and the rest of the division and the entire Bureau." You then, in a taunting manner, told the person to "feel free to try and sell you their weak excuse for pulling this" and then offered the telephone number where you could be reached.
After that incident, I provided you with an excerpt from your critical elements, element number one which states how you are to relate to others in the position of a Special Agent. Among many Special Agent requirements, you are to interact effectively with others, be respectful of others and be tactful and diplomatic. You were warned that failure to comply with this critical element in the future may result in disciplinary action.
Following the November 30, 2005, meeting with myself, Assistant Special Agent in Charge (ASAC) Michael Gleysteen, and Special Agent (SA) Arthur Peralta, I cautioned you again regarding your unprofessional conduct and lack of respect for others. Specifically, during the aforementioned meeting, your behavior was inappropriate. For example, you walked past the outstretched hand of the ASAC, refusing to acknowledge him and shake his hand. In addition, your body was partially turned away from the group and you stared towards the ceiling during the majority of the discussion. During the discussion, you were smirking and rolling your eyes, and, at one point during the meeting, you failed to respond to a direct question asked of you by the ASAC. Your actions were clearly disrespectful and inappropriate.
On January 12, 2006, I was contacted by ASAC Gleysteen, who indicated that it was brought to the attention of management by other agents, who wished to remain anonymous for fear of retribution from you, that you had been making disparaging and malicious remarks about individuals in management in the San Francisco Field Division.
On January 17, 2006, you contacted me and asked that I bring you a package that was shipped to the Sacramento Field Office. You then asked if I had heard anything regarding your grievance.
I informed you that I had a memo from the Special Agent in Charge Paul Vido and that I would provide it to you when you returned to the office on Monday. You then suggested that I meet you in Modesto that morning because you did not want to be "kept in suspense."
After you arrived in Modesto, I informed you that the Division had received complaints regarding derogatory and inflammatory remarks you made regarding Division management. While I did not have the specifics at the time, I cautioned you that you should refrain from making remarks of this kind, and that this type of behavior will not be tolerated. This warning was given to you based on the totality of your prior conduct. Following this discussion you were issued the grievance response. You asked if you needed to sign the memo and I told you to read it before signing it. Upon reading the statement, "you once again violated the chain of command by submitting the grievance to me without going through either your RAC or ASAC," you stated "I went through you; I went through the ASAC, so fuck you." You then signed for receipt of the memo and stated that it was "exactly what you needed."
Your actions in these instances clearly demonstrate your inability to conduct yourself in a manner that is acceptable to the office and to the Bureau. You behavior appears to be a deliberate attempt to disregard management's warnings regarding your inappropriate behavior. While you do have the right to disagree with a management decision and express that disagreement, the manner in which you have done so is completely unacceptable. Your most recent outburst, during which you stated, "I went through you, I went through the ASAC, so fuck you" is the basis for this disciplinary action.
Therefore, in order to impress upon you the seriousness with which I view this matter and to promote the efficiency of the service, I am proposing that you be suspended for a period of three (3) calendar days. I believe that such an action is fully warranted. While you have the right to express your concerns about management, you must do so in a more appropriate and constructive manner.
You have the right to reply to this notice personally and/or in writing. You may furnish any and all reasons you may desire, including affidavits and other documentary evidence, in support of your reply. You will be allowed ten (10) calendar days from your receipt of this notice to submit your reply. Any reply should be submitted to me because I am the deciding official for this case. If you wish to reply personally, you should contact me to arrange an appointment. Consideration will be given to extending the ten (10) day reply period if you submit a written request to me stating your reasons for desiring more time.
You may have a representative of your own choosing assist you in your reply. If you designate an individual to represent you, provide his/her name, occupation and address to me in writing, prior to submission of your oral or written reply. If in a duty status, you and your representative, if employed by A TF, will be allowed a reasonable amount of official time to review the material relied upon to support this proposal, to secure affidavits and to prepare an answer to this notice. You should make arrangements with me for use of official time. Your representative, if employed by the Bureau, should make arrangements with his/her supervisor for use of official time. The material relied upon to support this action is attached for your review.
No decision will be made on this proposed action until the expiration of the time allowed for a reply. If you do not wish to submit a reply, a decision will be made based on all of the information available at the end of the reply period. If you do submit a reply, it will be given full and careful consideration. In either case, you will be notified in writing at the earliest practicable date of the decision in this matter.
During the course of the notice period, you will remain in an active duty status assigned to your current position.
If you do not understand the reasons why your suspension is proposed or if you need additional information concerning any of your rights as stated in this notice, you or your designated representative may contact Lisa Boykin of the Management, Employee and Labor Relations Branch, Human Resources Division, at (202) 927-8640 for further information.
Dennis S. Downs
Acknowledgement of Receipt:
Original signed by ***********, Special Agent
Your signature above indicates that you have received this document. It does not mean that you agree or disagree with the contents of this memorandum. By signing the acknowledgement, you will not forfeit any of the rights mentioned above. On the other hand, your failure to sign will not void the contents of this memorandum.
