§713 Senior executives: removal, demotion, or suspension based on performance or misconduct

Summary

The Secretary may warn, suspend, move, demote, or fire a senior executive at the Department for poor performance or misconduct. If fired, the Secretary can also remove that person from the civil service. Before taking action, the employee must get advance notice, a copy of the evidence against them, and the chance to have a lawyer or other representative and to use an internal grievance process the Secretary must create with the Assistant Secretary for Accountability and Whistleblower Protection. The employee has 7 business days to reply. The whole notice–reply–decision process must finish within 15 business days. The grievance process must take fewer than 21 days. A decision that is not grieved, or the result of the grievance, is final but can be reviewed in court. A court can overturn the Department’s action if it was arbitrary or illegal, did not follow required procedures, or lacked substantial evidence. Definitions (one line each): covered individual = a career appointee or certain administrative/executive appointees; misconduct = things like neglect of duty, wrongdoing, or refusing a directed reassignment/transfer; senior executive position = an SES job for career appointees or an administrative/executive job for others. Sections 3592(b)(1) and 7543(b) of title 5 do not apply to these actions.