LAST CHANCE AGREEMENT

 

The Parties to this Agreement are Mr. Allen ?l?oythress and the Richard L. Roudebush
VA Medical Center, United States Department of Veterans Affairs.

Mr. Allen Poythress has been employed as a Police Of?cer since January 25, 2015. On
July 73 2016, the Agency provided Mr. ALLEN POYTHRESS with a notice of proposed
removal, in which the Agency proposed to remove Mr. ALLEN POYTIIRESS from his position
and from the Federal service. This proposal letter advised Mr. ALLEN POYTHRESS that the
Agency proposed his removal on the basis of the failure to disclose information on his 
and a pattern of unemployability. he July 7, 2016, notice also advised Mr. ALLEN
POYTIIRESS of his opportunity to respond to these charges. Mr. ALLEN who
has been assisted by his union representatives from SEIU Local 551, fully availed himself of the
opportunity to respond.

After carefully considering Mr. ALLEN response, the evidence
supporting the. charges, and the. Douglas Factors, the deciding official, Dr. J. Brian Hancock,
Director, sustained the proposed removal. Mr. A'L'l'sl'filN and Mr. ALLEN
union representative were noti?ed of this decision and advised Mr. ALLEN
has a right to appeal this decision to a third party, including ?ling an appeal with
the Merit Systems Protection Board (MSPB).

The Agency has agreed to citicr Mr. ALLEN POYTHRESS one ?nal opportunity to
conform his conduct to the Agency?s standards. Mr. ALLEN POYTI-IRESS has agreed to enter
into this Last Chance Agreement, which he understands will provide him with the opportunity to
retain his position but will require a knowing waiver of his right to appeal his removal should he

violate this Last Chance Agreement.

The Agency and Mr. POYTHRESS hereby mutually agree to the following

terms and conditions of this Last Chance Agreement:

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Provided that Mr. ALLEN complies with each and every term of this
Agreement, the Agency will hold the effective date of the decision to remove Mr.
ALLEN POYTI-IRESS from Federal service in abeyance, fora period not to exceed
one (1) year from the date of this Agreement.

if Mr. ALLEN POYTHRESS has satisfactorily complied with each and every term
of this Agreement, the Agency will expunge the removal decision after one (1) year.
This removal will occur automatically without further action on the part of the
Agency. Until that date, the Agency will prepare an for Mr. ALLEN
removal. A copy of the indicating removal, a copy of the
removal, and a copy of this agreement will be placed on the temporary side oer.
Official Personnel Folder while this Agreement is in force.
Once the terms of this Agreement are met, the Agency agrees to destroy the
removal SSE-52.

Mr. ALLEN POYTHRESS acknowledges his understanding that, prior to entering
into this Agreement; he had the right to challenge his removal. His right to
challenge his removal included, but was not limited to, the right of appeal to the
the right to pursue a grievance through the negotiated grievance procedure
and to file a complaint ot?discrimination under the Equal Employment Opportunity
Commission 

Mr. ALLEN POYTHRESS agrees that the Agency possessed sufficient evidence
supporting its removal action to lead the Agency?s management to form a
reasonable belief that the removal action would be sustained by any adjudicative

body, including the MSPB.

Mr. ALLEN POYTHRESS af?rms that he has not been subjected to duress or
coerced .into entering into this Agreement, and that his decision to enter into this
Agreement is completely voluntary. Mr. ALLEN also af?rms that
he fully understands the nature of the waivers contained in this Agreement.

If Mr. ALLEN POYTHRESS fails to comply with any term of this Agreement on
even one occasion during the period of one (1) calendar year from the date of this
Agreement, then the Agency may effect the previously proposed removal without
prior notice. A decision by the Agency not to effect the removal on any occasion
will not constitute a waiver of its right to enforce of this Agreement, and the
Agency will be entitled to effect the proposed removal should Mr. ALLEN
POYTI-IRESS fail to comply with the Agreement during the one-year period.

If Mr. ALLEN commits any violation of MCM Number 05-01,
?Absence and Leave? or any other act of misconduct warranting at least a written
admonishment or during the period ot?one (1) calendar year from the date of this
Agreement, then the Agency may effect the previously proposed removal.

Mr. ALLEN hereby waives his right to challenge his removal in the
event that the Agency effects the previously proposed removal, pursuant to items 6
and 7 above. This waiver speci?cally includes, but is not limited to, a waiver of
Mr. ALLEN right to appeal his removal to the MSPB, to pursue a
grievance or arbitration under the collective bargaining agreement, to pursue any
action or charge before the Federal Labor Relations Authority (F LRA) and to bring
an action against the Agency, its employees or its agents in any forum and before
any administrative orjudicial body involving issues- related to his removal.
Without prospectively waiving the right to file a claim of discrimination concerning

future events, Mr. ALLEN POYTHRESS does hereby waive, forfeit and forever

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10.

11.

12.

discharge any right. he may have to enter into a complaint, grievance or other action
against the Agency, its employees or its agents in any forum and before any
administrative orjudicial body involving a claim of discrimination involving any
issue(s) related to his employment about which he has knowledge or reason to have
knowledge as of the date of this Agreement. In particular, this waiver includes, but
is not limited to, a knowing waiver of the right to file a formal complaint related to
the proposed removal, the decision sustaining the removal, the negotiation over this
Last Chance Agreement, and all other matters related to his employment) In
addition. Mr. ALLEN hereby withdraws with prejudice any pending
complaints of discrimination, any pending grievances, and all other actions of any
sort against the Agency, its employees, or its agents.

The Parties agree that the Agency will not pay any damages, back?pay, attorney?s
fees, or other relief.

The. Parties agree that this Agreement will not establish a precedent in any
subsequent matter involving Complainant or any other employee except to the
extent this Agreement is needed to implement the terms of this Agreement.

The Parties agree that this Agreement will be solely and exclusively enforceable
under the jurisdiction 0 l" the MSPB. Mr. ALLEN also speci?cally
agrees to waive any right to a review of this Agreement, or the Agency?s removal. of
Mr. ALLEN pursuant to this Agreement, through the negotiated
grievance procedure, by an arbitrator or by the FLRA.

Mr. ALLEN POYTHRESS af?rms that he has read this entire Agreement, that he
has consulted with an attorney or has freely decided not to consult with an attorney,
that he has not been induced to enter into this Agreement by any promises or

representations other than those expressly stated in this Agreement, that he

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understands all terms of this Agreement, and that he has not been coerced into
entering into this Agreement.
14. The Parties agree that there are no terms or conditions to this Agreement other than
those terms and conditions expressly stated in writing herein. This Agreement may
be modi?ed only by a written agreement signed by Mr. ALLEN POYTHRESS and
an authorized representative of the Agency.
If any section, paragraph, sentence, clause, phrase, or any part of this Agreement is
declared void, or if for any reason is declared to be invalid or of no effect, the
remaining sections, paragraphs, sentences, clauses, phrases, or parts thereof shall be

in no manner affected thereby but shall remain in full force and effect.

THE PARTIES TO THIS AGREEMENT HEREBY SIGNIFY THEIR VOLUNTARY,
KNOWING AND UNCONDITIONAL ACCEPTANCE OF EACH AND EVERY TERM
OF THIS AGREEMENT, WITHOUT RESERVATION, BY SIGNING THIS

AGREEMENT ON THE FOLLOWING SIGNATURE LINES:

 

 

 

Allen Poythress Date
Police Of?cer
Var/E
 Brian Hancock, M.D., FACEP, FACHE, Vi: mom Date
Erector

Richard L. Roudebush VA Medical Center