Articles by Susan Smith
Contractor Considered Agency Employee in EO Case Says Court
A recent case demonstrates that when the federal government gets too involved in personnel decisions affecting contract employees, it could open the door to equal employment opportunity complaints just as if the individual is in fact a government employee.
Posted: October 1, 2009 | Full Story | Discuss this Article
Applicant Awarded $100,000 Despite Agency Doubts About Applicant's Fitness for Position
A trial court has rebuffed the government's attempts to set aside a jury verdict in favor of an unsuccessful applicant for an FBI Special Agent position. The FBI revoked its conditional offer of employment to a Type I insulin-dependent diabetic applicant. The applicant invoked the Rehabilitation Act and sued the agency.
Posted: September 27, 2009 | Full Story | Discuss this Article
Good Pay Day for the Lawyers in VA Class Action Lawsuit
As usual, the attorneys that filed class action lawsuits fared much better than those they are representing in this case involving the Department of Veterans Affairs. Attorneys suing the VA wanted 25% of a $20 million fund, or $5 million. The judge decided they would get only 18% or $3.6 million. Represented veterans got from $75 to $1500.
Posted: September 24, 2009 | Full Story | Discuss this Article
Federal Security Clearances and the Role of the MSPB and the Courts
A Physicist/Scientist with the Naval Surface Warfare Center was not able to persuade the appeals court to overturn an indefinite suspension that lasted 370 days after the Navy pulled his security clearance.
Posted: September 22, 2009 | Full Story | Discuss this Article
Federal Interns and Politics
A district court has ruled that a small number of unsuccessful applicants for the Department of Justice Honors Program and Summer Law Intern Program who claim their applications were excluded by agency political appointees during the Bush years for failure to pass a partisan litmus test may maintain a Privacy Act lawsuit against the department.
Posted: September 20, 2009 | Full Story | Discuss this Article
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Ms. Smith spent most of her 26-year federal government career with NASA, first at NASA Headquarters Office of General Counsel and then at Marshall Space Flight Center, serving as Chief Counsel there for more than 14 years. Her expertise is in government contracts, ethics, and personnel law.
She also spent one year as Assistant Counsel to the Select Committee on Ethics in the United States Senate where she was responsible for drafting the Senate's ground breaking Code of Ethical Conduct. At NASA, Ms. Smith was Deputy Associate General Counsel for General Law. She was appointed Chief Counsel at Marshall Space Flight Center in 1982, the first woman to hold a chief counsel position in the agency and to hold a Senior Executive Service position at Marshall. Another first was her appointment in 1996 as Associate Director of Marshall Space Flight Center.
Ms. Smith has a J.D and a B.A. degree from the George Washington University. Her publications include Practical Ethics for the Federal Employee.
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