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Court Comes Down Hard on Federal Manager

Shell

AA
GPO
Thu Jan 12, 2006 10:13 AM

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I have a lot of concerns with this story. But, first let me say... if the postmaster DID open the first-class mail and the standard discipline is termination, and not "up to terminatiion" then he should be fired. but my questions would be...
1. does the USPS inspector do this randomly on a regular basis?
2. couldn't this be construed as entrapment?
3. since when do we convict on "inferenences"?
4. is there a particular reason we took the word of the clerk over that of an 18 yr employee with exemplary record?
I think it was rather irresponsible, complulsive and perhaps immature for the postmaster to send in the card, "that just appeared on his desk", but can we really state we have proof that he opened first class mail?
I'm not sure the burden of proof was met, especially when the word of another employee wouldn't be enough to convict me of a violent crime, even a video record of the crime can be discounted because a clear view of my face was not captured. yet...

Re: Shell

OAC
BLM
Fri Jan 13, 2006 8:48 AM
Entrapment requires that you lead someone to do something they wouldn't normally do of their own volition. He filled out this card all on his own, rather than disposing of it in the prescribed manner. This may well just be the only time he's gotten caught.

Can't trust anyone or can you?

Mark up clerk
USPS
Thu Jan 12, 2006 10:31 AM

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Don't put it past the inspectors to leave envelopes open so things fall out. Anyone could have put in on his desk (carrier, clerk, inspector), but he was still wrong to fill it out and send it in and deserves what he got for falling for it. Greed causes grief. Don't risk a 40K job for any self perceived perk.
I saw a mail handler union pres pick up a bottle cap that fell out of an envelope and sent it in for a free t-shirt. He at least was smart enough to put it in his wifes name. She later divorced him, but he still has the shirt and now is a carrier on the street in the northwest. I've personally found thousands of dollars in processing. My policy is to hold it in the air and scream for someone to verify what I found. People don't seal envelopes, they still send cash, & don't put a return address on envelopes they put near their mailboxes for the paperboy or whoever. Put return address on everything, seal it well & you'll get it back every time, & your addressee will too.

Dismissal

Sec.
ARS
Thu Jan 12, 2006 10:32 AM

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I think it's extraodinary that they would take the word of a clerk over the supervisor, maybe he should have had a few days of unpaid leave, but since it's his word against her's and he has no other actions, this is ridiculous. Now the government will have to - or should have to pay a lawsuit !

Re: Dismissal

OAC
BLM
Fri Jan 13, 2006 8:51 AM
I'd be more inclined to believe the clerk over the manager - the manager was the one who filled out the return card from the mail, not the clerk.

Re: Dismissal

mos clerk
clv
Sun Jan 15, 2006 9:17 PM
a person's title doesn't make them above the law. the mail is sanctioned by the laws and everyone including the supervisors/managers have to abide by the law.

Re: Dismissal

Employee Relations Advisor
DoD
Fri Feb 17, 2006 10:03 AM
Third party adjudicators, like MSPB AJs, are expected to make credibility determinations in arriving at their decisions. That's what the AJ did here and its been my experience that they nearly always get it right. The clerk was believable, the PM wasn't and the evidence of record, circumstantial though it may be, supported the decision to affirm the removal. In this case, the system worked exactly the way it was supposed to. As a taxpayer, I'm very pleased with this result.

Burden of Proof Met

Attorney
Treasury
Thu Jan 12, 2006 3:21 PM

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This was merely a dismissal, not a criminal conviction. A conviction would have required proof beyond a reasonable doubt, but a civil action like this one only requires proof by a preponderance of the evidence or by substantial evidence. Thus, the government only needed to show that it was more likely than not that the employee committed the offense. It sounds to me like the burden was met.

Hang I'm

Handler
USPS
Thu Jan 12, 2006 9:11 PM

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We all realize had this been a Craft person the outcome would be the same. Fair for onr fair for all!

AA's statement

Inspector
USPIS
Thu Jan 12, 2006 10:35 PM

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Entrapment? No, entrapment, to paraphrase, is when law enforcement or someone acting on their behalf causes or suggests to someone not predisposed to commit a crime to in fact commit that crime. The envelope can't scream steal me. It has to be similar to other envelopes that employees come across on a daily basis. The manager couldn't know what was inside the envelope without opening it. Therefore, an honest person never would have opened it in the first place and therefore never would have been tempted to send it in.

Besides, in orientation employees are told to treat anything they find on the workroom floor as possible mail matter. He knew or should have known that this card had been sent through the mail.

I believe 'Attorney' answered the question rather well in regards to the level of proof required to terminate. It isn't like a criminal case. If an Inspector had seen him open the envelope I'm sure he would have been prosecuted. Mail theft is always grounds to terminate

unbelievable!

mailman
USPS
Fri Jan 13, 2006 8:21 PM

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It's unbelievable that the postmaster received any discipline at all. Usually they find some way to hang it on a clerk or carrier. It sounds like he tried though. If a mailman would do anything half as bad they would be fired so fast. Postmasters usually "circle the wagons" when one of their management pals is in trouble. I don't trust any of 'em.

Re: unbelievable!

Retired
Former USPS
Sun Jan 15, 2006 2:42 PM
I am inclined to believe you are generally correct and the PM should be removed. As we know, the USPS is a great place to work providing the managers and PM's provide the employee with the tools necessary to complete the job. People change and the PM was probably an exempliary employee, but I agree with the proported PI. Remove the employee but where would the person go? I have an idea. Let the state department hire the individual. Too late because a criminal record was already produced. There are ways to ID one's ethics ahead of time and should be part of one's pre-employment agreement. It is a simple test that identifies all traits and it works. If the USPS stears itself towards technological advancements, then what would all the Inspectors do when their techniques are no longer needed? Manage delivery units? Oh my. Things may go from bad to worse...
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