Court Cases
When Private Emails Are Official Government Records
A Federal appeals court has ruled that an agency head’s email records that are stored on a private, non-government server are nevertheless official agency records reachable by a Freedom of Information Act (FOIA) request.
D.C. Circuit Court Rules Private Email Accounts Subject to FOIA
In a case of great significance for federal employees, the U.S. Court of Appeals for the D.C. Circuit overturned a lower court decision and ruled that “an agency cannot shield its records from search or disclosure” under the Freedom of Information Act (FOIA) “by the expedient of storing them in a private email account.” The author summarizes the case and what it means for federal workers.
Don't Just Look For the Management Label
The appeals court agrees with the Merit Systems Protection Board that just because an HR Specialist had access to confidential personnel databases and was labeled a manager by her agency does not mean that she was in a management position or one that otherwise gave the Board jurisdiction over her adverse action (demotion) appeal.
Fired Employee Convinces Court to Throw Out MSPB Decision
A DFAS (Defense Finance and Accounting Service) employee removed for being found ineligible for a sensitive position due to numerous outstanding debts won a reprieve from the federal appeals court when it threw out the decision of the Merit Systems Protection Board and sent the case back for another look.
Mama Bear's Efforts to Save Her Son's Job Added Up to Nepotism
A Supervisory Patent Examiner who retired rather than be busted down to a non-supervisory position for the offense of nepotism was unable to persuade the Merit Systems Protection Board, and now the appeals court, to hear her case.
Honesty is the Best Policy When it Comes to Security Clearance Forms
When filling out an SF86 form, you may face a steeper punishment than denial or revocation of your security clearance. A recent case highlights the repercussions dishonesty can create for federal employees who lie on this form.
Keep the Money, and Run!
A divorced spouse relied on an inaccurate version of a 20-year-old divorce decree to get OPM to award her a survivor annuity on the death of her former husband. When presented with the accurate version of the decree, OPM revoked the annuity and demanded repayment. See what happened.
Retroactive Restoration and the TSP Account
A VA employee ordered retroactively restored when his removal was cancelled by the MSPB argues with the agency’s handling of his account with the Thrift Savings Plan.
He Said, They Said
An instructor at the Federal Law Enforcement Training Center (FLETC), fired as the result of allegations he fraternized with female students, tried unsuccessfully to argue that poor witness credibility decisions amounted to error on the part of the review board that has upheld his removal.
Federal District Court Orders Discovery Against White House Agency in a FOIA Case
The district court has ordered discovery in another Freedom of Information Act case where the actions of the Office of Science and Technology Policy, part of the White House, in responding to a document request are characterized by the court as “inconsistent” and a “rare case where discovery is warranted.”
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