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.
A federal employee who lost her security clearance was reassigned and subsequently issued an indefinite suspension because she was no longer qualified for her regular position. The employee argued the agency took too long to take action but a federal court does not agree.
It’s not a good day at an appellate agency when a court writes: “We explain these reasons in some detail in hopes that the MSPB and litigants before the MSPB will better understand the applicable law.” The court upheld the firing of a former Secret Service agent for not having the required security clearance.
How much information is enough to meet the due process requirement when taking an adverse action against a federal employee based on the suspension of the clearance? A new decision may create problems for agencies–and a possible trip to the US Supreme Court before the issue is finalized.
