Disciplinary Actions
|
DATE |
CHARGES | PROPOSED | DISPOSITION | RC | |
| 03/06 |
I. On-duty Conduct Unbecoming a Border Patrol Agent |
5 Days |
Reduced to Letter of Reprimand (LOR) |
R | |
| 11/05 | 1 |
I. Failure to Properly Safeguard Government Issued Badge and Credentials |
1 Day |
Reduced to a LOR |
R |
| 2 |
I. Failure to Properly Safeguard Government Equipment |
2 Days |
Reduced to a LOR. |
R | |
|
10/05 |
I. Improper Retention of Cash Received While on Official Travel (TravelGate – 15 Agents in SDC) |
30 Days |
Two agents completely exonerated. With regards to the 13 other agents, the arbitrator directed the Agency to reduce all of them to a LOR. |
A |
|
|
09/05 |
1 |
I. Failure to Comply with Policies Governing the Use of Issued Travel-Card |
5 Days |
Reduced to 1 day. Agent reimbursed 4 days of pay. |
S |
| 2 |
I. Failure to Exercise Due Care in the Operation of a GOV |
5 Days |
Reduced to 1 day. Agent reimbursed 4 days of pay. |
S |
|
| 3 |
I. Insubordination – Failure to Obey a Supervisor’s Direct Order |
1 Day |
Case dismissed. Agent reimbursed 1 day of pay. |
S |
|
| 4 |
I. Failure to Comply with Agency Policies |
5 Days |
Reduced to a LOR. Agent reimbursed with 5 days of pay. |
S |
|
| 5 |
I. Failure to Exercise Proper Caution in the Operation of a GOV… II. Failure to Report Vehicle Damage. III. Lack of Candor |
3 Days |
Charges II and III dismissed. Penalty sustained. |
S |
|
| 6 |
I. Off-Duty Conduct Unbecoming a SPA – Wet Reckless |
5 Days |
Sustained (5 Days is the minimum for DUI related) |
W | |
| 7 |
I. Failure to Exercise Proper Caution While Handling Agency Approved Firearm |
14 Days |
Sustained (14 Days is the minimum for A/D where potential harm to public exists) |
W | |
| 8 |
I. Off-Duty Conduct Unbecoming a SPA – DUI |
5 Days |
Sustained (5 Days is the minimum for DUI related) |
W | |
| 9 |
I. Negligence Resulting in the Loss of Gov’t Issued Property |
7 Days |
Sustained (Several Priors) |
W | |
| 10 |
I. Failure to Properly Report Incident to Supervisor |
5 Days |
Sustained (Agent left no contact information) |
W |
|
| 11 |
I. Conduct Unbecoming a SPA |
4 Days |
Sustained (Agent created nexus by presenting his badge to the PD) |
W | |
| 12 |
I. Off-duty Unbecoming a SPA (DUI related) |
5 Days |
Sustained (5 Days is the minimum for DUI related) |
W | |
|
07/05 |
1 |
I. Negligent Operation of a GOV |
1 Day |
Reduced to a LOR. Agent reimbursed 1 day of pay. |
S |
| 2 |
I. Inappropriate Conduct Towards a Supervisor and Co-workers |
2 Days |
Reduced to a LOR. Agent reimbursed 2 days of pay. |
S |
|
| 3 |
I. Failure to Safeguard BPA Badge and Travel Card |
1 Day |
Case dismissed. Agent reimbursed 1 day of pay. |
S |
|
| 4 |
I. Unauthorized Use of Government Procured Rental Vehicle |
3 Days |
Case dismissed. Agent reimbursed 3 days of pay. |
S |
|
| 5 |
I. Failure to Properly Safeguard Service Issued Badge and Failure to Timely Report the Loss. |
2 Days |
Case dismissed. Agent reimbursed 2 days of pay. |
S |
|
| 6 |
I. Inattention to Duty Resulting in Damage to Civilian Vehicle. II. Failure to Follow Supervisory Instructions. |
2 Days |
Case dismissed. Agent reimbursed 2 days of pay. |
S |
|
| 7 |
I. Failure to Comply with Personal Radiation Detector Policy and Procedures |
1 Day |
Reduced to a LOR. Agent reimbursed 1 day of pay. |
S |
|
| 8 |
I. Non-compliance with Personal Radiation Detector Policy and Procedures |
1 Day |
Case dismissed. Agent reimbursed with 1 day of pay. |
S |
|
| 9 |
I. Failure to Comply with Personal Radiation Detector… |
1 Day |
Case dismissed. Agent reimbursed with 1 day of pay. |
S |
|
| 10 |
I. Non-compliance with Personal Radiation Detector Policy… |
1 Day |
Case sustained. |
W |
|
| 11 |
I. Failure to Properly Safeguard Government Issued Property |
2 Days |
Reduced to a LOR. Agent reimbursed 2 days of pay. |
S |
|
| 12 |
I. On-duty Conduct Unbecoming a BPA |
1 Day |
Case dismissed. No reimbursement since case was mitigated to LOR after Union’s response. |
S |
|
| 13 |
I. Failure to Safeguard Gov’t Property |
1 Day |
Sustained |
W | |
| 14 |
I. Failure to Follow Supervisor Instructions |
1 Day |
Sustained |
W | |
| 15 |
I. Failure to Comply with Station Processing Procedures |
7 Days |
Sustained |
W | |
|
06/05 |
1 |
I. Disruptive Behavior II. Failure to Immediately Report Incident |
1 Day |
Charge II dismissed. Reduced to a LOR. Agent reimbursed 1 day of pay. |
S |
| 2 |
I. Failure to Call In or Report For Assigned Shift II. Inaccurate Reporting of Hours Claimed On Time and Attendance Report. III. Inappropriate Claims on Travel Voucher IV. Conduct Unbecoming A BPA |
10 Days |
Charges II, III, and IV dismissed. Reduced to a 3-day suspension. Agent reimbursed 7 days of pay. |
S |
|
| 3 |
I. Failure to Exercise Due Care in the Operation of a Service Vehicle… II. Inattention to Duty |
1 Day |
Charge II dismissed. Penalty sustained. |
S |
|
| 4 |
I. Failure to Exercise Proper Caution While Operating a GOV… |
2 Days |
Reduced to a LOR. Agent reimbursed 2 days of pay. All reference to failing to terminate pursuit and unproven pursuit violation removed from case/file. |
S |
|
| 5 |
I. Disruptive Behavior II. Failure to Immediately Report Incident |
2 Days |
Charge II dismissed. Reduced to a LOR. Agent reimbursed 2 days of pay. Various unproven allegations removed from case/file. |
S |
|
| 6 |
I. Conduct Unbecoming a SPA |
2 Days |
Reduced to a LOR. Agent reimbursed 2 days of pay. Agency will reconcile UCMC policies with relevant Agency policies to protect agents from liability. Agency will provide agents with a copy of the reconciled policy and training prior to assigning agents to UCMC or initiating future disciplinary actions related to an alleged violation of UCMC policies. |
S |
|
| 7 |
I. Failure to Exercise Due Care of a Service Vehicle… |
2 Days |
Reduced to a LOR. Agent reimbursed 2 days of pay. Agency will provide reflective markings along dangerous curves where accident took place. |
S |
|
| 8 |
I. Failure to Call in or Report for Assigned Shift resulting in AWOL |
2 Days |
Charge changed to: Failure to Call in or Report for Assigned Shift. Reduced to a LOR. Agent reimbursed 2 days of pay. |
S |
|
| 9 |
I. Noncompliance with Service Arrest Policy II. Failure to Contact Supervisor |
2 Days |
Case dismissed. Agent reimbursed 2 days of pay. |
S |
|
| 10 |
I. Negligent Operation of a GOV… |
1 Day |
Reduced to a LOR. Additional stipulations not cited for privacy. |
S |
|
|
06/04 |
I. Improper Retention of Promotional Benefits While on Official Travel (TravelGate – 10 Agents in SDC) |
30 Days |
After written and oral response by the Union, cases were dismissed. No pay lost. |
R |
|
|
05/04 |
I. Improper Retention of Cash Received While on Official Travel (TravelGate – 2 Agents in SDC) |
Termination |
During the oral response, the Union presented solid evidence to support the agents’ innocence. Consequently, the Cases were Dismissed. |
R |
Explanation of Dispositions:
► LOR: Letter of Reprimand
► Case Dismissed: All references to the incident, proposals, etc. will be removed from the agent’s OPF and the case will be considered closed.
► Prior to DHS, there was a two year reckoning period and after the two year period, the priors were removed from the employee’s personnel folder. However, under the unilaterally implemented DHS policy concerning disciplines, all priors will be maintained indefinitely to be used in future actions. There still remains a question whether or not this policy will apply to Letters of Reprimand and until the Union hears otherwise, we will continue to operate with the belief that a LOR will remain in the agent’s file for the remainder of the agent’s career.
Resolution Codes (RC): These codes identify the stage of the process where the case was resolved.
|
A: |
Arbitration |
|
R: |
Response (oral/written) by the Union and/or discussions prior to requesting arbitration. |
|
S: |
Settlement discussions between after requesting arbitration. |
|
W: |
Withdrawn (Arbitration request withdrawn by the Union) |
