ML20207F313
| ML20207F313 | |
| Person / Time | |
|---|---|
| Issue date: | 11/25/1985 |
| From: | Bernero R Office of Nuclear Reactor Regulation |
| To: | Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20207F189 | List: |
| References | |
| FOIA-86-35, FOIA-86-A-39 NUDOCS 8607220516 | |
| Download: ML20207F313 (7) | |
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- NOTICE OF PROPOSED SUSpEriS10ti Dearl J
1 In order to promote the efficiency of the service, I am proposing that you be suspended without pay for thirty (30) calendar days.
If the decision is made to take this action, it will be effected not earlier l
than (30) calendar days from the day after you receive this notice.
The reasons for this proposed action are as follows:
l Title 18 U.S.C. 641 prohibits the intentional conversion of something of value belonging to the United States Government for one's personal Additionally, liRC Manual Chapter 0270-044 states that, "The use.
unofficial use of government provided telephone service for personal calls (except in an emergency, such as an accident, serious illness, or death) is prohibited by law (Section 641, Title 18, U.S.C.)."
The facts resulting from an investigation by the f(RC's Office of Inspector and Auditor (OIA), indicate that you used the Federal Telecommunications System (FTS) to make personal telephone calls to Q. f d e r r a s W c d ~~" ~ r r " -
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Specifically, you have admitted by sworn statements during the Off investigation that from approximately January of 1982 until December 1984 you used the FTS line approxinately two times per week to make
, ersonal telephone calls tof p
The average duration of these calls was ten m1nutes. Additionally, you admit a
by sworn statement that during approximately the last two and one-half (2-1/2) years you have used the FTS line to place personal F
telephone calls to j
per week]and the average duration for each call was ten minutes.T Finally, you have admitted by sworn statement that you have used the FTS line to calli
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7 These calls have been placed approximately three times per week for the past two years. The average duration of these calls has been approximately ten minutes.
Furthermore, you have adnitted by sworn statement that you were aware that it is improper to use the FTS for personal business. The Telecommunications Branch, Division of Facilities and Operations Support, Office of Administration (ADti),
fiRC, has calculated the actual cost to the Government for these calls to be $2,922.10.
Your unofficial use of the FTS to make
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- NOV26 E; personal telephone calls is a violation of 18 U.S.C. 641 and is violative of the provisions set forth in NRC Nanual Chapter 0270-l 044.
j It is my decision that the above cited reasons are sufficient cause to propose your suspension for 30 calendar days.
In reaching this decision i
l I,have considered numerous factors. The nature and level of your position,
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Whe intentional and frequently repeated t
9 misuse of the FTS and awareness 6at such use was improper, serve as s
aggravating factors, liowever, your past work record and performance, lack of past disciplinary record, high potential for rehabilitation, and nty continued confidence in your ability to perfonn your assigned duties serve as mitigating factors.
Mr. Harold Centon, Director, Office of fluclear Reactor Regulation, will be the deciding official on this proposed action. You may reply to this notice orally or in writing (or both) to Mr. Denton. You may also submit affidavits in support of your answer. You a entitled to be represented by an attorney or other representative of your choice. You are not entitled to a hearing or examination of witnesses at this time.
You will be allowed fifteen (15) calendar days from the date of receipt of this letter to submit a reply. You will be allowed 16 hours1.851852e-4 days <br />0.00444 hours <br />2.645503e-5 weeks <br />6.088e-6 months <br /> of official time to prepare your response and to subn.it affidavits.
If you feel you need additional time to prepare your response, you may request such additional time from me.
If such time is allowed it will be confimed in writing. You may review the material miied upon for the issuance of this notice in Room No. 530 of the Woodmont Building. You may contact Ms. Jackie Jackson, Senior Labor Management and Employee Relations Specialist, on 1
492-8234 in this regard.
If you care to discuss the personnel regulations pertinent to this action or to obtain information about how to reply, you may contact Hs. Jackson.
This notice of proposed action is taken under provisions of 5 U.S.C. 7541-7543. No decision to suspend you has been made or will be made until after the time allowed for you to answer. Any response you make will be given careful consideration before a decision is made.
Whether you respond or not, a written notice of decision wi.ll be delivered to you at or before the effective date of the proposed action. During the advance notice period you will remain in an active duty status with pay.
Sincerely,
- Previous concurrences attached Rcbert. Bernero, Director Division of BWR Licensing Office of Nuclear Reactor Regulation cc:
H. R. Denton, Di r., hRR
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UNITED STATEc E
NUCl. EAR r.EGULATORY COMMISSION
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Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Comiission RE: NOTICE OF PROPOSED SUSPENSION Dearf In order to promote the efficiency uf the service, I am proposing that you be suspended without pay for fourteen (14) calendar days.
If the decision is made to take this action, it will be effected not earlier than thirty (30) calendar days from the day after you receive this notice. The reasons for this proposed action are as follows:
Title 18 U.S.C. 641 prohibits the intentional conversion of something of value belonging to the United States Government for one's personal use. Additionally, NRC Manual Chapter 07.70-044 states that "The unofficial use of government provided teleph'one service for' personal calls (except in an emergency, such as an accident, serious illness, or death) is p'rohibited by law (5eccion 641, Title 18, U.S,C.).
The facts resulting from an investigation by.the NRC's Office of Inspector and Auditor (01A), indicate that you used the Federal Telecommun_icati m.Svttem (FTS) to make personal telephonfLcpils to S
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',a friend ini Iand L
.f Specifically, by sworn statement during the OIA investigattufi, you admitted that since you began employment with the NRC you have used the FTS for personal you are aware that[this personal usage was an abuse of the FTS.
telephone calls to and other people. You admit that You state that until approximately September of 1933 your improper usage of the FTS was infrequent. However, beginning in approximately
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August of 1983 you began using the F_TS to telephone {imes per Jat least three t j
week. You estimated the average duration of the calls to be 15 minutes.
In addition, you also admit that since approximatelY September of 1983 you have used the FTS to telephone /
on a daily basis. You state that the average duration of these c,lls a
was 15 minutes.. Additionally, you state that for approximAtely the last year you have used the FTS to telephone a friend ing u
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J These calls were made at least three times per week, with an average duration of seven minutes.
Finally, you admit that you ' occasionally used the FTS to telephone /' ranch, Division of
The Telecommunications B s
l Facilities and Operations Support, Office of Administration (ADM),
NRC, has calculated the actual cost to the Government for these calls to be $3,046.88. Your unofficial use of the FTS to make M
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. personal telephone calls is a violation of 18 U.S.C. 641 and is violative of the provisions set forth in NRC Manual Chapter 0270-044.
It is my decision that the above cited reasons are sufficient cause to
. propose your suspension for 14 calendar days.
In reaching this decision I have considered numerous factors. The fact that you intentionally and repeatedly misused the FTS and were awarelhat it was imp, roper to do so serve as aggravating factors. However, ilength of service, lack of past disciplinary recor[d, the potential for rehabilitation, and my confidence 'in your ability to perfonn your duties serve as mitigating factors.
Mr. Harold Denton, Director, Office of Nuclear Reactor Regulation, will be the deciding official on this proposed action. You may reply to this notice orally or in writing (or both) to Mr. Denton. You may also submit affidavits in support of your onswer. You are entitled to be represented by an attorney.or other representative of your choice. You are not entitled to a hearing or examination of witnesses at this time.
You will be allowed fifteen (15) calendar days from the date of receipt of this letter to submit a reply. You will be allowed 16 hours1.851852e-4 days <br />0.00444 hours <br />2.645503e-5 weeks <br />6.088e-6 months <br /> of official time to prepare your response end to submit affidavits.
If you feel you need additional time to precure your response, you may request such additional time from me. If such-time is allowed it will be confirmed in writing. You may review the material relied -upon for the issuance of this notice in Room No. 530 of the Woodmont Building.
You may contact Ms. Jackie Jackson, Senior Labor Management and Employee Relations Specialist, on 492-8234 in this regard.
^
If you care to discuss the personnel regulations pertinent to this action or to obtain information about how to reply, you may contact e
Ms. Jackson.
This notice of proposed action is taken under provisions of NRC Manual Chapter and Appendix 4171. No decision to suspend you has been made or will be made until after the time allowed for you to answer. Any response you c.ake will be given careful consideration before a decision is made.
Whether you respond or not, a written notice of decision will be delivered to you at or before the effective date of the proposed action. During the advance notice period you will be in an active duty status with pay.
I Sincerely, j
A.
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Robert M. Bernero, Director Division of BWR Licensing Office of Nuclear Reactor Regulation S
cc:
H. R. Denton, Dir.. NRR
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ORATu RESPONCE TO PROPOSED DISCIPLINARY ACTIOI
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LOCATION: BETHISDA., MAP.YLAND PAGES:
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DATE:
WEDNESDAY, DECEMBER 4, 1985
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i ACE-FEDERAL REPORTERS, INC.
t Official Reporters 444 North Capitol Street Washington, D.C. 20001 (202)347 3700 l
NATIONWIDE COVERACE
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CERTIFICATE OF OFFICIAL REPORTER S ak s
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'i Tnis is to cer:ify
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in the the U N I '.' 3 D STATES s
mLtter c;f:
21AME Of' PROCEEDING r OR/L RESPONSE TO PROPOSED DISCIPLIN7.RY ACTIO::
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BETHESDA, F.A RY L.;N U l
DATE:
h'CD N ES D AY, D EC L'*1BER 4, 1985 l
were LE ld c: herein appears, and that this is the original
.ranscript therec: for the file of ::n e 't'n i t e d States Nuclear Regalato ry Ccmmission i
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2 NOCLEAR REGUI,/, TORY CC:*:1ISSION I
3 ORAL RESPONSE TO PROPO: :D DISu'I PLIN ARY ACTIC:
5 Nuclear Regulatory Commission 6
Phillips Building Room 404-A 7920 Norfolk Avenue 7
13e t he sd a, f4aryland 8
19851
, Wednesday], December 4,
[:'10 a.m.
10 PRESENT:
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JACKIE JACKSON NRC il ii CARL I40llRNINKEL NRC 12 6.
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JESSE FUhv.it.S NRC 1.a f
GREG JACKSON NRC 15 IIAROLD DENTON URC 16 '
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