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B-221970 1 (1987-03-16)

handle is hein.gao/gaobadmpy0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof- Senior Executive Service - Suspensions for Period of 14 Days or Less File: B-221970 Date: March 16, 1987 DIGEST Agency questions whether career Senior Executive Service (SES) employees may be suspended for periods of 14 days or less for disciplinary reasons. We agree with the position of the Office of Personnel Management, the agency vested with the authority to issue regulations implementing the statutes governing SES employees, that there is no authority to suspend career SES employees for periods of 14 days or less. Any prior suspensions must be regarded as unwarranted personnel actions which require the payment of backpay. DECISION SUMMARY We have been asked whether an agency can suspend a career employee of the Senior Executive Service (SES) for 14 days or less. The question arises in the context of a challenge by an SES employee at the General Services Administration to a 5-day suspension and his request for backpay. The Office of Personnel Management (OPM), the agency with authority to implement the relevant provisions of the Civil Service Reform Act concerning the Senior Executive Service, has concluded that' there is no authority for such short-term suspensions of SES employees but has declined to allow backpay. We conclude that OPM's position on the lack of authority for short-term SES suspensions is reasonable and is entitled to deference. Since the suspensions were made with- out legal authority, the suspensions must be regarded as unwarranted personnel actions under'5 U.S.C. S 5596 (1982), thereby requiring backpay. o3~t -7 -3

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