And the other cases. So I am not going to be able to handle that. So the Inspector General has said many of these cases are going to have to be handled inernally. And only if they can be handled internally are we going to have some kind of a proper system, are we going to be able to concentrate our inspectors, our auditors on the cases that truly might be fraudulent to the Government.

My understanding is that the Inspector General has said that policy has to be enforced properly from the top down, it has got to be clearly enunciated and the employees need to understand that discipline is going to be enforced and to recognize that when cases come up, there is going to be discipline enforced.

I recognize that you cannot tell every supervisor what to do. That should not be your job. We don't expect you to do that. But it seems that you are the policy setter.

Mr. FREEMAN. Let me set the policy for you. I have tried to explain to you that I signed, on September 17, 1980, a disciplinary directive. Let me read you one paragraph. Do we have the time? Senator CHILES. Yes.

Mr. FREEMAN [reading]:

The instructions in b and c, above, regarding conducting and reporting an inquiry to determine facts, do not apply to cases where sufficient evidence to provide a proper basis for disciplinary actions is available from some other official sources, such as a report of an investigation conducted by the Office of Inspector General, a police or court record, or a finding by the Office of Personnel Management. In

the instance of suspected irregularities involving fraud against the Government or any type of misconduct supervisors are expected to report the matter

immediately to the Office of Inspector General.

* *

I also would like to note that the table of punishments has been revised and the punishments for the areas which have created most problems in GSA increased. With your permission, I would like to submit this order for the record.

Senator CHILES. It will be put in the record. [The GSA order referred to follows:]

GENERAL SERVICES ADMINISTRATION

Washington, DC 20405

OAD P 5410.1 CHGE 45
September 17, 1980

GSA ORDER

SUBJECT: GSA Administrative Manual

1.

Purpose. This order issues and transmits changed pages for the GSA Administrative Manual.

2. Nature of revision. Chapter 3 is changed as follows:

a.

Paragraph 110 is revised to place greater emphasis on prompt action when an investigative report is received.

b. Paragraph 111 is revised to modify the responsibilities of supervisors with regard to Table II Offenses.

C. Paragraph 111.1 is added to establish a regional panel review of actions based on reports from the Office of Inspector General.

d. Figure 3-112. 2, Penalty Guide, Table II, is changed to provide a more detailed listing of offenses and a narrower range of discretion.

September 17, 1980

OAD P 5410.1 CHGE 45

SECTION 3. PROCEDURES FOR TAKING DISCIPLINARY ACTION

110. Timing of the action.

a. When the circumstances call for disciplinary action, it should be taken promptly and deliberately. Few matters can justifiably be given higher priority since delay in taking disciplinary action tends to diminish its effectiveness.

b. The setting of maximum time limits for most actions is not practicable because of the many variables that can affect timing even with high priority attention.

c. When a report of investigation is received from the Office of the Inspector General, it should receive especially high priority attention. Normally, if disciplinary action is appropriate, it should be proposed or taken within 30 calendar days after receiving the report.

111. Inquiry to determine the facts.

a. Figure 3-112. 1, Penalty Guide, Table 1, lists offenses which will normally be the subject of inquiry and report by an appropriate supervisor. In any instance, however, if the offense is of a serious nature that may lead to removal and if facts cannot be adequately ascertained by the supervisor, request may be made through channels for initial or supplemental investigation by the Office of the Inspector General.

b. The following steps are recommended to guide the supervisor in conducting an inquiry to secure all the facts to determine what disciplinary action, if any, is warranted:

(1) Interview the employee who has allegedly committed an offense. It is preferred that the initial interview be conducted in privacy. If the employee readily admits the offense, or if an explanation is considered acceptable, the inquiry may be closed at this point.

(2) Interview witnesses and any others able to furnish

pertinent information.

(3) Try to reconcile any conflicting statements. This might be done through an informal hearing, or by reinterviewing the parties concerned.