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include removal, even when one offense, standing alone, would not necessarily result in the higher penalty or removal.

Nexus

The listed offenses apply to all Secret Service personnel regardless of position or title. Law enforcement officials and supervisory personnel may be held to a higher standard of conduct than other employees. The term "on duty" refers to the period when an employee is performing an official duty or acting in an official capacity, whether or not the employee is being paid at the time (e.g., misconduct occurring while an employee is driving an official Government Vehicle (GOV) at the end of the employee's work day, traveling on a commercial carrier while armed, and/or is on official travel, is considered "on duty" for administrative disciplinary purposes).

An employee may be disciplined for misconduct that occurs off duty. In such circumstances, there must be a nexus between the employee's misconduct and the efficiency of the Secret Service. A nexus may be established by the effect of the misconduct on the mission of the Secret Service, publicity or notoriety arising from the misconduct, the misconduct's effect on the Secret Service's ability to rely on the integrity, honesty, or judgment of the employee, and other similar and relevant factors.

Senior Executive Service (SES)

Title 5 of the Code of Federal Regulations, section 752.601 provides that members of the SES may not receive an adverse action of less than fifteen days. Accordingly, where the Penalty Guidelines indicate a suspension of one to fourteen days for an offense, that sanction cannot be imposed on an SES employee. When the proposing and deciding officials conclude that an adverse action of more than a three day suspension, but less than a fifteen day suspension is appropriate, an SES employee will generally receive a minimum of a fifteen day suspension. When the proposing and deciding officials conclude that an adverse action of a one day to a three day suspension is appropriate, an SES employee may receive a letter of reprimand rather than a minimum of a fifteen day suspension if, after weighing the heighten behavioral and managerial expectations associated with SES personnel against the facts and circumstances of the case, the deciding official determines that a fifteen day suspension is not appropriate.

Exceptions to the Offense Codes and Penalty Guidelines

The security clearance process is separate from the disciplinary process and this guidance does not apply to security clearance determinations regarding the denial, suspension, or revocation of eligibility for access to classified information. However, as outlined in the Offense Codes, when an employee's Top Secret security clearance has been suspended or revoked, a proposed indefinite suspension may be issued; and when an employee's Top Secret security clearance has been finally revoked by the Security Appeals Board, a proposal to remove the employee from Federal service will be issued. Consistent with this guidance, an employee may be subject to disciplinary or adverse action for misconduct that raises security concerns regardless of whether or not the Security Clearance Division takes a security related action in the matter.

The Medical Review Board process is also separate from the disciplinary process, and this guidance does not apply to removals proposed by the Medical Review Board based on inability to perform the essential functions of an employee's position due to his or her medical condition.

This guidance also does not apply to performance deficiencies which may be addressed through the use of performance improvement plans (see PER-06(03) or its successor HCD section), to denials of within-grade increases (see PER-06(04) or its successor HCD section), or to removal or demotion actions taken under title 5 of the United States Code, chapter 43.

In addition, a matter may be referred to other Secret Service divisions for appropriate action regardless of whether or not disciplinary action is taken. For example, a matter may be referred to the Financial Management Division for the recoupment of monies owed to the government; to the Safety, Health and Environmental Programs Division for a fitness-for-duty or medical examination; and to the Security Clearance Division for review.