DEPARTMENT OF VETERANS AFFAIRS JOHN J. PERSHING VA MEDICAL CENTER 1500 N. Westwood Blvd. Poplar Bluff, MO 63901 August 22, 2017 Dale Klein Physician - Pain Management John J. Pershing VAMC Poplar Bluff, MO 63901 Subject: Discharge In connection ith the notice of proposed removal, dated May 31, 2017, a de been made to discharge you from federal employment effective August 22, 2017, based on the following reasons: CHARGE 1: Failure to Follow Orders - The charge and all specifications are sustained. Failure to follow orders, specifically in regards to seeing patients and providing direct patient care to our Veterans, is a serious offense which negatively impacts the ability of the Agency to fulfill its mission. CHARGE 2: Offensive Language - The charge is dismissed based on the lack of substantive evidence provided in the evidence file. In reaching this decision, your written reply was carefully considered along with all the evidence developed. While you were given the opportunity to provide an oral reply, you did not provide me with an oral reply to consider. This decision also takes into consideration aggravating and mitigating factors, to include the seriousness of the offenses . Failure to follow orders to begin secing patients, as a Physician, is a serious offense which negatively impacts the ability of the Agency to fulfil its’ mission. Based on the evidence provided, this was repeated and continued over a significant period of time. Due to the repeated nature of these offenses, | did not consider your lack of a previous disciplinary action to be a mitigating factor. Given the repeated nature of the offenses, there is no reason to presume the behavior would change, and therefore the potential for rehabilitation seems remote. Based on the evidence ‘gathered, | did not see efforts taken to even meet the minimal requirements of your position, and given the repetitive nature of the offenses, any alternative sanetion would undermine the ability of the Agency to manage its workforce, which is essential to fulfil its mission. After consideration of the evidence, along with your written reply presented, Thave concluded that discharge is the appropriate and reasonable consequence for your misconduct.4. Since the reason(s) for the action as stated in the notice of proposed removal do not involve a question of professional conduct or competence, you may appeal this action under the VA grievance procedure or the negotiated grievance procedure, but not both. You shall be deemed to have exercised your option to appeal this action at such time as you timely file a grievance under either procedure. Your grievance must be submitted to Dr, Patricia Hall, Medical Center Director, within thirty (30) calendar days after you receive this letter, if choosing to the negotiated grievance procedures. If you elect to file a formal administrative grievance, it must be submitted, in writing, within fifteen (15) calendar days of receiving this letter. If you elect to file a grievance through the VA grievance procedure in connection with this acti heating. Any request for a hearing must be submitted in your grievance. For further information about the grievance procedures, you may consult Denise Smith, HR Specialist, via email at denise.smith9@va.gov or via telephone at 573-718-6271. 5. Ifyou believe that this action is based on diseri n because of your race, color, religion, scx, national origin, age or disabling condition, you may file a complaint of n with VA in accordance with Office of Resolution Management (ORM) discrimination complaint procedures. Should you elect to do so, you may appeal this action by contacting ORM at 1-888-737-3361 within forty-five (45) calendar days of the effective date of this action, Bacar Nid D./Abbein me SEE er ets MICHAEL D. ADELMAN, M.D. ‘Network Director, VISN 4 Dale Klein - l acknowledge receipt of this document — Date Enel; VA Handbook 5021, Part IV, Chapter 3