Litigation

Disciplinary Actions

10/22/2012 - Written by NBPC

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)