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Personnel Delegation #31


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DEPARTMENT OF HEALTH AND HUMAN SERVICES Public Health Service
     Memorandum

Personnel delegation #30

Date:  AUG 16 1990

From: Director

Subject: Delegation of Authority to Remove Employees from the Senior Executive Service

To: Deputy Director
Director for Headquarters Operations

  1. Pursuant to the authority vested in the Director, Indian Health Service (IHS), by the Reorganization Order of January 4, 1988, which elevated the Indian Health Service to a PHS Agency, and in accordance with authority delegated to PHS Agency Heads, by the Director, Office of Management, PHS, on April 27, 1984, I hereby delegate to the Deputy Director, and to the Director for Headquarters Operations, the a uthority to remove career employees from the Senior Executive Service (SES).  This authority is to be exercised Agency-wide.

AUTHORITY TO REDELEGATE

This delegation may not be redelegated.

  1. The Secretary retains the authority to approve reassignments of SES members and to approve removals of limited term, limited emergency, and non-career SES appointees.

    Requirements and instructions for exercising this authority are contained in DHHS Personnel Instruction 920-6.

  2. The exercise of the authority is subject to the following restrictions:

    1. Concurrence is required from the Director, Indian Health Service for the actions listed below:

      1. Removal for unacceptable executive performance or conduct during the probationary period;

        Removal for two unsatisfactory performance appraisal ratings in any period of 5 consecutive years (mandatory removal); and

        Removal for two unsatisfactory and/or minimally satisfactory performance appraisal ratings in any period of 3 consecutive years (mandatory removal).

    2. For removal of a career SES appointee during probation for conditions arising before appointment, the authority to make the removal decision (i.e., to act as the deciding official) must be delegated to a higher level than the authority to propose the removal (i.e., to act as the proposing official).

    3. For removal of a career SES appointee after one unsatisfactory performance appraisal rating, concurrence by the Assistant Secretary for Health (ASH) on the removal notice is required.  If the employee replies to the removal notice,the ASH may designate an appropriate official to receive the employee's reply.  The reconsideration decision must be issued by the ASH after considering the employee's reply.

  3. Concerning the conditions in paragraph 4, if the supervisory level required is outside PBS, the authority is exercised by the Assistant Secretary for Health.

SUPERSESSION

None.

EFFECTIVE DATE

This delegation is effective upon date of signature.

/Everett R. Rhoades, M.D./
Everett R. Rhoades, M.D.
Assistant Surgeon General


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