MSPB - FEDagent - News for federal agents and 1811’s

Any Indicted Fed Can be Suspended Indefinitely

leaving office building

Federal agencies can indefinitely suspend an employee who they believe was involved in a crime, even before the person is found guilty – so long as they have been indicted by a grand jury.

Federal Circuit Reverses MSPB Order to Repay OPM Overpayment

case law update

After the Merit Systems Protection Board found that a retired federal employee failed to prove that the recovery of overpaid benefits from the Federal Employee Retirement System (“FERS”) would be against equity and good conscience, the Court of Appeals for the Federal Circuit reversed the MSPB’s decision, finding that the Administrative Judge’s analysis (which the full Board accepted) was not supported by substantial evidence, was erroneous, and that recovery of the overpayment was unconscionable given the “inexplicable” three-year delay by OPM to finalize the retiree’s benefits, and the additional four-year delay between the retiree’s request for reconsideration and OPM’s decision. 

MSPB Clarifies Lack of Candor Charges

case law update

A Veterans Affairs police officer was charged with lack of candor, among other charges and specifications, and although the Board sustained the employee’s removal, it reversed the charge of Lack of Candor, clarifying the law in the process.

Seventh Circuit: Board Theory of OSC Remedy Exhaustion Too Stringent

A Special Agent at the Department of Justice’s Bureau of Alcohol, Tobacco, and Firearms filed an Individual Right of Action appeal with the Merit Systems Protection Board, alleging that his supervisors retaliated against him after he disclosed his suspicion that another agent had improperly shot at a fleeing suspect, provided an inaccurate report of the shooting incident, and had committed perjury during the subsequent criminal trial.

Supreme Court to Decide Appellate Jurisdiction in Federal Employee “Mixed Case” Appeals

case law update

In the first case argued before Supreme Court Justice Neil Gorsuch, Justices appeared to disagree about how to handle “mixed cases,” alleging both adverse employment actions against federal civil service employees and prohibited discrimination, where the Merit Systems Protection Board concludes it lacks jurisdiction because the employee was not subject to an appealable action.

This Week on FEDtalk

Reporter Roundtable: Looking Forward And Reflecting Back

Even with a shutdown in place, there is much to discuss about the workings of the federal government as the new year begins. Tune in this Friday, January 11 for the first FEDTalk of 2019. A roundtable of guests will be providing the most up to date federal news while taking a look back on the successes, and failures, of 2018.

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Hear it from FLEOA

FLEOA Takes Steps to Protect Members During Shutdown

On Wednesday, the Federal Law Enforcement Officers Association sent a memo to its members detailing its response to the government shutdown.  The full text of the statement from FLEOA President Nate Catura is below:

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