United States Federal Circuit

The Merit Systems Protection Board (Board) will sustain a general charge of misconduct when it finds that an employee engaged in inappropriate behavior, even if it does not find that the behavior rose to the level of impropriety asserted by the agency; however, where the Board sustains fewer than all of the charges that an agency brings against an employee, it may mitigate to the maximum reasonable penalty.

Appellate Information

• Decided 03/28/2002
• Published 03/28/2002

Judges

• SCHALL, Circuit Judge., Before NEWMAN, RADER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Linda Hanten,Law Offices of Harrigan & Hanten, of Washington, DC, argued for petitioner.


• For Appellees:
  
• Brian M. Reimer, Attorney, Civil Practice, U.S. Postal Service, of Washington, DC, argued for respondent.   With him on the brief were Stuart E. Schiffer, Assistant Attorney General;  and Brian S. Smith, Attorney, Civil Division, Commercial Litigation Branch, Department of Justice, of Washington, DC. Of counsel were David M. Cohen, Director;  and Kathryn A. Bleecker, Assistant Director.