P  E  R  M  E  R  I  C  A  .  C O M





Eric Bibb
"Blues People" CD (amazon) (4 mb)

15 Songs Total, 10 Great, 5 Good.




G S6 Edge+ & NOTE 5
MKBHD (YouTube)

MKBHD (YouTube)

   September 1, 2015  ...  MSPB:  Ferris v. Navy  ...   REMOVAL WAS NOT A REASONABLE ?     NO NEXUS BETWEEN THE CHARGED MISCONDUCT AND THE EFFICIENCY OF THE SERVICE.   ...   The agency removed the appellant from his position as a GS-7 Supervisory Police Officer based on two specifications of Conduct Unbecoming a Supervisor.      The agency alleged that the results of an investigation revealed that, on two occasions, the appellant made inappropriate comments to a female Master-at-Arms.      In effecting the appellant’s removal, the agency considered his suspension for 14 days during the previous year based on three incidents of Conduct Unbecoming a Supervisor.      On appeal, the appellant denied making the remarks attributed to him, and argued that there was no nexus between the charged misconduct and the efficiency of the service and that removal was not a reasonable penalty.  ...   MSPB DECISION:   (.pdf)   (.html)

   August 24, 2015  ...  MSPB:  Alarid v. Army  ...   REMOVED POLICE OFFICER FOR CONSPIRACY TO DISTRIBUTE A FEDERAL POLICE BADGE AND ID CARD.   ...   The appellant served as a Police Officer at all times relevant to this appeal.      The agency removed the appellant from Federal service based on two charges of misconduct: conspiracy to purchase and distribute an unauthorized Federal police badge; and manufacture and distribution of an unauthorized Federal police identification card.      The appellant filed a timely appeal of his removal and raised an affirmative defense of reprisal based upon his participation in union activity.      In his prehearing submission, moreover, the appellant raised affirmative defenses of retaliation for whistleblowing and a due process violation.  ...   MSPB DECISION:   (.pdf)   (.html)

   August 21, 2015  ...  VAOIG:  VA OIT HEAD USED AND ALLOWED THE USE OF AN UNSAFE AND UNSUCURE OUTSIDE SOCIAL NETWORKING WEBSITE FOR VA EMPLOYEES.   Yannner is "a private social networking service for businesses ... “lets companies create their own social network site for employees as well as customers.      We substantiated that VA employees improperly used, a Web-based collaboration technology, which was not approved or monitored as required by VA policy. Further, we found that it had vulnerable security features, recurring website malfunctions, and users engaged in a misuse of time and resources.   Summary  ...  Full Report (.pdf)

   August 20, 2015  ...  DcDC:  Elzeneiny v. District Of Columbia  ...   IS SHE A VICTIM OR SOMEONE TRYING TO PIMP THE SYSTEM ?   ...   The Plaintiff worked as a Budget Analyst for the District of Columbia’s Office of Budget and Planning in its Office of the Chief Financial Officer.      Shortly after she began, she informed the Office that she suffered from fibromyalgia, a condition that causes muscle and joint pain, as well as chronic fatigue. In the years that followed, she requested a variety of accommodations from her employer, such as the ability to work on a flexible schedule. The District agreed to nearly all of her requests.      Plaintiff nonetheless complains that months (and, in one instance, even years) often passed before it did so.      She also alleges that ... .  ...   COURT DECISION:   (.pdf)   (.html)

   August 20, 2015  ...  MSPB:  Barnes v. MSPB  ...   BECAUSE THE BOARD (MSPB) ABUSED ITS DISCRETION IN REACHING THIS DECISION, WE REVERSE. .   ...   Barnes was a police officer with the Pentagon Force Protection Agency (“PFPA” or “the agency”) at the Department of Defense.     The agency removed him from that position effective February 8, 2013, based on a charge of “Conduct Unbecoming a PFPA Police Officer.”     Barnes appealed his removal to the Board. After holding a hearing, the administrative judge (“AJ”) issued an initial decision affirming the agency’s removal action.  ...   MSPB DECISION:   (.pdf)   (.html)

   August 18, 2015  ...  COURT:  Drasek v. FDA (Burwell, Civil Action)  ...   DID FDA TERMINATE HER EMPLOYMENT BECAUSE OF HER DISABILITY ?   ...   The United States Food and Drug Administration (“FDA”) fired Plaintiff Susan Von Drasek from her job as an FDA chemist, after repeated warnings about her unsatisfactory performance.      Von Drasek has bipolar disorder, and she has brought the instant action against the FDA under the Rehabilitation Act of 1973, ... , claiming that her discharge violates that statute.      Von Drasek’s complaint makes three specific claims: (1) that the FDA failed to accommodate her disability; (2) that the FDA intentionally discriminated against her by terminating her employment because of her disability; and (3) that the FDA discharged her in retaliation for her request for accommodations.  ...   COURT DECISION:   (.pdf)   (.html)

   August 18, 2015  ...  DcDC:  Ames v. Napolitano  ...   SHE WAS MOVED OUT OF HER SECURITY CLEARANCE PROCESSING CHIEF POSITION.  ...   Plaintiff Harriett Ames is an African-American woman and the former Chief of the Personnel Security Branch at the Federal Emergency Management Agency (“FEMA”), an agency within the Department of Homeland Security (“DHS”).      The Personnel Security Branch is a component of the Program Protection Division, which itself is a component of the Office of the Chief Security Officer of FEMA.      As the head of the Personnel Security Branch, Ames was responsible for “adjudicating [security] clearances of employees and prospective employees” within the Office of the Chief Security Officer.           On July 22, 2011, agency management “barred” Plaintiff and her branch from adjudicating security clearances.      Ames was not given a reason for the decision at the time, but according to an internal agency report prepared after an investigation into Ames’ claims of racial discrimination [hereinafter “Final Agency Decision”], she was suspended from processing security clearances because the “Agency learned that [Plaintiff] had served as both the adjudicator and character reference for one of the individuals that [she] was adjudicating and had supposedly cleared.”  ...   COURT DECISION:   (.pdf)   (.html)

   August 13, 2015  ...  MSPB:  Gumbs v. HHS  ...   REMOVAL BASED ON THE CHARGES OF FAILING TO MAINTAIN A VALID MEDICAL LICENSE AND PRACTICING MEDICINE WITHOUT A VALID LICENSE.   ...   Dr. Jaime Gumbs appeals from a final order of the Merit Systems Protection Board (Board) which adopted the initial decision of an administrative judge and sus- tained Dr. Gumbs’ removal from the Indian Health Ser- vice, Pawnee Health Center (agency) based on the charges of failing to maintain a valid medical license and practic- ing medicine without a valid license.  ...   MSPB DECISION:   (.pdf)   (.html)

   August 12, 2015  ...  TECH:  ANOTHER GREAT SURFACE 3 REVIEW:      Surface 3: My best purchase of 2015 (hands on).  ( )        Read Comments.  

   August 12, 2015  ...  NEWS:  TO JEB W. BUSH: ONLY A CERTIFIED "PSYCHOPATH" COULD HAVE GIVEN THAT SPEECH LAST NIGHT.  Your Father and Brother Started Three (3) Unnecessary Wars.  ...  Over five (5) million people have died as a direct result of actions by your father and brother.   ...   Billions, and Billions, and Billions and Trillions of US Taxpayer Dollars Wasted By Your Irresponsible Family.   ...  Your Brother Brought The United States And The Entire World To The Brink Of Total Financial Collapse.  ...   And You Got The Nerve To Lift Your Finger And Point At President Obama And Hillary.  ...   You Are One Sick Puppy.      Get Some Help And Soon !

   August, 2015  ...  TECH:  WINDOWS 10: How To Maximize Privacy And Minimize What Microsoft Collects About You.  (        A WEEK WITH WINDOWS 10: The Good, the Bad, the Ugly.  (

   August 11, 2015  ...  5th Cir:  Burton v. Freescale  ...   SHE ALLEGED DISCRIMINATORY TERMINATION AND RETALIATORY TERMINATION BASED ON HER FILING OF A WORKERS’ COMPENSATION CLAIM.  ...   Freescale is a designer and manufacturer of microchips that relies, in part, on temporary employees provided by Manpower, a staffing agency.      Beginning in 2009, Burton worked for Freescale as one such “temp” employee.      In 2009 and 2010, Burton received generally positive-to- neutral performance reviews.      In 2011, Burton’s fortunes with Freescale turned. First, in January, she broke a wafer, the platform upon which microchips are seated during construction. The incident was reported and documented, and Burton received counselling from a Manpower supervisor, Jerry Rivera.      Then, on March 1, Burton inhaled chemical fumes while on the job. Nothing came of the incident initially, but on April 12, she reported chest pains at work and was ultimately attended to by the company medical department and then EMS. Due to heart palpitations, she visited the emergency room on May 9 and 17. In mid-June, Burton came to believe that her health condition was caused by the exposure to fumes.      She notified Freescale and then, a day later, Manpower. These reports effected the filing of a workers’ compensation claim.      Roughly two weeks later, in “late June-ish,” Freescale’s Bruce Akroyd decided to terminate Burton. According to Akroyd, a June 28th incident where Burton was caught using the Internet represented the “final” straw.  ...   COURT DECISION:   (.pdf)   (.html)

   August 7, 2015  ...  MSPB:  Rainey v. State  ...   FOR REFUSING TO OBEY AN ORDER THAT WOULD REQUIRE THE INDIVIDUAL TO VIOLATE A LAW.   ...   The appellant holds the position of Program Director for the agency’s Bureau of African Affairs.      He filed this IRA appeal, alleging that he was the victim of prohibited personnel practices.      Specifically, the appellant asserted that the agency violated 5 U.S.C. § 2302(b)(9)(D), which protects employees from retaliation “for refusing to obey an order that would require the individual to violate a law.” 5 U.S.C. § 2302(b)(9)(D).      He alleged that the agency improperly stripped him of particular job duties and gave him a subpar performance rating for disobeying an order that would have required that he violate ... [two laws] .   ...   MSPB DECISION:   (.pdf)   (.html)

   August 6, 2015  ...  MSPB:  Wilson v. Navy  ...   HE ALSO ALLEGED BELOW THAT THE REVOCATION OF HIS SECURITY CLEARANCE WAS DESIGNED TO PREVENT HIM FROM COMPETING FOR A GS-15 POSITION AND, THEREFORE, CONSTITUTED A PROHIBITED PERSONNEL PRACTICE.   ...   Effective September 20, 2014, the agency removed the appellant from his position as a Resource Analyst, GS-14, based on the revocation of his security clearance. The appellant filed an appeal with the Board regarding his removal and requested a hearing.  ...   MSPB DECISION:   (.pdf)   (.html)

   August 4, 2015  ...  MSPB:  MCCOOK v. HUD  ...   THEY GOT ME ON A TECHNICALITY: STALKING, MAKING CRIMINAL THREATS, AND COMPUTER ACCESS FRAUD.   ...   The agency removed the appellant from his position as an Underwriter, GS-1101-12, based on his guilty pleas and agreement with the District Attorney of San Bernardino, California. The appellant pled guilty to three felony counts of stalking, two felony counts of making criminal threats, and one felony count of computer access fraud. The appellant appealed his removal.  ...   MSPB DECISION:   (.pdf)   (.html)

   August 4, 2015  ...  2d Cir:  Littlejohn v. New York  ...   WAS SHE SUBJECTED TO A HOSTILE WORK ENVIRONMENT AND DISPARATE TREATMENT BASED ON HER RACE ?  ...   Littlejohn alleged that, while employed by the New York City Administration for Children’s Services (“ACS”), she was subjected to a hostile work environment and disparate treatment based on her race, and retaliated against because of complaints about such discrimination, in violation of Title VII of the Civil Rights Act of 1964 ... .           Littlejohn also alleged that she was sexually harassed in violation of Title VII.  ...   COURT DECISION:   (.pdf)   (.html)

   August 3, 2015  ...  TECH:  REVIEW: I BOUGHT THE CHUCK II HI-TOPS AND YOU SHOULD TOO.   - would this upgraded design improve the walking experience?    Yes, it does. It really, really does.    TheVerge .. Read Comments Too

   July 30, 2015  ...  MSPB:  Perez v. VA  ...   IS THIS VA NURSE A VICTIM -OR- IS SHE JUST CLUELESS ?    IF YOU DON'T GET IT, YOU DON'T GET IT   ...   Effective February 9, 2014, the agency appointed the appellant, a nonpreference eligible, to a GS-5 Nursing Assistant position at its Veterans Affairs Medical Center in Tampa, Florida.           The appellant’s appointment was made under 38 U.S.C. § 7401(3) and was in the excepted service. She was subject to a 1-year “Initial Probationary/Trial Period.” Effective February 6, 2015, the agency terminated the appellant for improper conduct.           The appellant asserted that she had completed her trial period and therefore met the definition of employee under 5 U.S.C. § 7511 because she was terminated at the end of the work day on Friday, February 6, 2015, before her trial period ended on the following Monday, February 9, 2015.  ...   MSPB DECISION:   (.pdf)   (.html)

   July 28, 2015  ...  MSPB:  Davis v. Navy  ...   THIS AGENCY IS GUILTY OF GIVING THIS GUY TW0 (2) SUSPENSIONS TOO MANY BEFORE REMOVING HIM.      A WASTE OF GOV'T TIME & MONEY.   ...   The appellant, a GS-5 Police Officer, filed a formal equal employment opportunity (EEO) complaint in 2008 based on perceived disability.           On October 18, 2010, the agency issued a decision suspending the appellant for 3 days based on five specifications of inappropriate behavior.           On January 31, 2011, the agency issued the appellant a second 3-day suspension based on four specifications of inappropriate conduct.           On April 18, 2012, the agency issued the appellant a 10-day suspension based on two specifications of inappropriate conduct.           And, on May 24, 2011, the agency issued the appellant a 14-day suspension based on two specifications of inappropriate conduct.           Effective October 19, 2011, the agency removed the appellant based on two specifications of inappropriate language and/or disrespectful comments towards senior and/or supervisory police personnel and three specifications of refusing to follow requests and/or orders given by senior and/or supervisory police personnel.           In effecting the action, the agency considered the appellant’s past record as described above.           On appeal, the appellant raised as affirmative defenses retaliation for engaging in protected EEO and grievance activity, reprisal for whistleblowing, disability discrimination based on perceived disability, and harmful error.  ...   MSPB DECISION:   (.pdf)   (.html)

   July 24, 2015  ...  TECH:  MICROSOFT SURACE 3 TABLET ( 4G LTE ) ...    Today, AT&T Becomes First U.S. Carrier to Offer 4G LTE Microsoft Surface 3. AT&T


   July 23, 2015  ...  9th Cir:  Gage v. Chappell  ...   360 DEGREES OF SEXUAL PERVERSION     SENTENCED TO 70 YEARS’ IMPRISONMENT.     IS HE INNOCENT OR GUILTY?     HER MOTHER DESCRIBED HER DAUGHTER TO AS “A PATHOLOGICAL LIAR [WHO] LIVES HER LIES”     A DISTURBING CASE:  ...   In 1985, while living in Texas, Gage met Wanda, a mother of two children, Marian and Lionel. Gage and Wanda moved in together and were married in 1990. Marian was then nine years old and Lionel was seven. The family moved to California in 1993.        The marriage ended two year later when Wanda learned that Gage had pursued an affair with another woman that resulted in a child.        Several years after the split, in 1998, Marian told Wanda that Gage had sexually abused her while they were living in California.        Gage was subsequently charged and convicted on several sexual abuse of a child charges.        Gage appealed his conviction.        After reviewing the acuser's, Marian, medical records in camera [in private], the court granted the motion for a new trial and vacated Gage’s convictions. The trial court concluded that the testimony of the victim and her mother was not credible, leaving insufficient evidence to support the jury’s verdict. The court explained that it had harbored doubts about the veracity of Marian’s testimony during trial because it “appeared to be contrived.” The court then concluded that evidence in the medical records rendered Marian’s testimony an insufficient basis for conviction as a matter of law. Several items in the medical records grounded this conclusion: (1) Wanda apparently described Marian to a mental health professional as “a pathological liar [who] lives her lies”; (2) Marian’s accusations followed a large fight with her mother after Wanda caused Marian’s then-boyfriend to be sent to prison; and (3) Marian made only fleeting references to having been sexually abused during the course of her psychological treatment.        The State appealed to the California Court of Appeal, which reinstated the conviction. It held that the trial court improperly relied on the medical records, which were never before the jury, in granting the new trial.        The Court of Appeal also directed that the matter be reassigned. A new judge sentenced Gage to 70 years’ imprisonment.  ...   COURT DECISION:   (.pdf)   (.html)

   July 23, 2015  ...  CATx:  Shannon v. MDP Church  ...   IT'S ODD HOW CHURCHES OFTEN GET AWAY WITH ILLEGALITIES IN THE NAME OF THE LORD.  ...   Shannon was dismissed from her position as Elementary Ministries Director at the Church. She sent a demand letter to the Church asserting that she had been terminated for making allegations of sexual harassment against an elder of the Church. Shannon and the Church subsequently signed a “Confidential Separation Agreement and Release.” The Church paid Shannon $25,000 and agreed that she could “classify the end of th[e] employment relationship as a resignation, rather than a termination . . . for purposes of . . . future employment offers.”          Shannon subsequently was hired as a fund-raiser. Following up on a rumor, Shannon's new employer made contact with an official at her former employer, Dave Steane, Executive Pastor at the Church, who stated that ... “that it would be difficult for [Shannon] to carry out her duties [to raise funds from the Church]” or from “anywhere in Houston.” The Seminary terminated Shannon’s employment because she purportedly misrepresented the circumstances surrounding her departure from the Church and based on its concern that she would not be able to solicit donations for the Seminary.          Shannon sued the Church, bringing claims for breach of contract, intentional infliction of emotional distress, libel and slander, and fraudulent inducement.  ...   COURT DECISION:   (.pdf)   (.html)

   July 22, 2015  ...  In The USA: SANDRA BLAND CASE ... OFFICER: you look agitated: ... SANDRA THINKING: are you serious, officer ?    ...    you've been following me for the past ... miles,    ...    and now you've pulled me over for some bogus reason     ...     and you're surprised that i appear to be nervous, scared, agitated.     ...     are you serious !

   July 22, 2015  ...  In The USA: SANDRA BLAND CASE ... HE'D BEEN FOLLOWING HER FOR SOMETIME.  ...  like he may have already known who she was ... like maybe he was waiting for her to do something, any little thing, to give him a plausible excuse to pull he over.    ...    hope the investigators take look at all his phone calls private/personal    ...    and his web/internet history     ...     alcohol/drug use     ...     for the two week period prior to the incident.

   July 21, 2015  ...  TECH: MICROSOFT'S WINDOWS 10 IS THE GREATEST AND MOST INOVATIVE COMPUTER OPERATING SYSTEM EVER MADE. (PERIOD)   Years ago, when tablets were starting to take hold, I remember thinking: wouldn't it be nice if I could use tablet apps on my personal computer. Microsoft first responded with a "Widgets" layer. That was great, but the widgets were extremely limited in function. Then one day I learned that Microsoft was in the process of combining the tradition windows desktop computer with some tablet features, specifically tablet apps. I thought that was great. I applauded Microsoft for their forward thinking. But I was alone. Most people attacked Microsoft mercilessly. They said that Windows 7 was great but Windows 8 was pure junk. As a user of Windows 8, I never could understand most of the complaints. I viewed windows 8 as basically two computers in one (2 in 1). A desktop computer and a tablet. The windows desktop computer was a much, much, much improved update of the Windows 7 desktop operation system. And the tablet side of Windows 8 (metro) was a bonus.   ...   All the critics starting attaching Microsoft.   ...   "Windows 8 sucks".   ...   "Windows 8 is not a good as Android or iPad".   ...   I was confused. ... So you want me to believe that a tablet that cannot run any traditional computer programs, is better than a computer that can run both computer programs and tablet apps?   ...   I didn't get it, and still don't.   ...   Through the constant, nasty and vicious attacks, comments and complaints, Microsoft kept moving forward.   ...   Windows 8.1 was a great improvement over Windows 8.   ...   Now comes Windows 10.   ...   And now the American hating critics are ready to pounce, again.   ...   Don't be stupid.   ...  Be proud of Microsoft's great American ingenuity and tenacity.   ...   Just remember, with Windows 10 you get two computers in one.   ...   So pay close attention next week.    Check out the great Microsoft Surface and Surface Pro computer/tablet models.   ...   Also, keep an eye out for the new Windows 10 computers and tablets that will be introduced by Microsoft partners, Dell, Lenovo, HP, Acer, Sony, etc.   ...   Thank You Microsoft.   ...   Keep up the great trailblazing work.

   July 20, 2015  ...  TECH:  SHOUT OUT TO TARGET ... THE NEW TARGET STORE ELECTRONICS DEPARTMENT REMODEL IS EXCELLENT.   The person or team responsible for Target's electronic section remodel should be given a design award.   A Real Class Act.   A Beautiful Class Act.

   July 20, 2015  ...  OPINION:  ...   MANY, MANY, MANY, NOT ALL, VETERANS PRETTY MUCH FEEL THE SAME ABOUT SKIPPY MCDOUGLE AS SIDESHOW BOB.  ...  This is basically the story I heard a long time ago.  There was this young Fuss-Up named Skippy.  ...  Skippy's father was a high ranking Navy officer.  ...  And even though Skippy was a Fuss-Up, and not qualified to fly Navy jets, his father's clout and buddies and connections, by some miracle got Skippy through flight school.  ...  The Navy wings didn't stop Skippy from being the Fuss-Up he'd always been.  ...  One day while out flying, Skippy was captured by the enemy.  ...  Many vets feel that Skippy's capture was a direct result of his incompetence.  ...   Most veterans do not feel that Skippy is a Hero of any kind.  ...  They just call him a Hero as a kind gesture.   ...  The problem is that Skippy actually believes that he is a Hero, because he got captured by the enemy.  ...   As a member of the US Congress, Skippy represents himself as a great military expert.  ...   In reality, he is the same Fuss-up he's always been. ... ... ... Always wanting to go to war, go to war, go to war.   ...   Many veterans and others feel that Old Skippy is directly responsible for the deaths of millions of people around the world do to him constantly urging presidents and congress to go to war, war, war, war, war.   ...   The whole Syria mess is a direct result of The President listening to Skippy McDougle urging a sure thing easy mission. ... ... ... Hundreds of thousand Syrian's dead. Millions displaced. All because of the Fuss-Up, Skippy McDougle. The same is true for the instability in Libya and the Ukraine.   ...   Dear Skippy:   If you had any real dignity, you would stop urging war, war, war. ... ... All your warmongering doesn't make you any more heroic than you already "Are Not."   Like Sideshow Bob said, you are no hero. ... Just a pathetic old man who gets his jollies from killing, hundreds and thousands and millions of people around the world.   ...   To be fair, you are not the young Fuss-Up you used to be.    Now, you are an old one.

   July 17, 2015  ...  A.F.C.C.A:  United States v. Novy  ...   AS A WOMAN, I WAS SELECTIVELY (NOT RANDOMLY) SELECTED TO PROVIDE A URINE SAMPLE FOR TESTING AND SELECTIVELY PROSECUTED.  ...   The appellant, commander of the base mental health flight with over 17 years of Air Force and Army service, was randomly selected to provide a urine sample for testing pursuant to the Air Force’s Drug Demand Reduction Program. Her sample tested positive for tetrahydrocannabinol, a metabolite of marijuana. This court-martial followed.      A general court-martial composed of officer members convicted the appellant, contrary to her plea, of one specification of wrongfully using marijuana in violation of Article 112a, UCMJ, 10 U.S.C. § 912a. The adjudged and approved sentence consisted of a dismissal and a reprimand.      The appellant argues that (1) she was selectively prosecuted, (2) the court-martial lacked jurisdiction because women were improperly excluded from the panel, (3) court-martial verdicts that do not require unanimity violate due process, (4) the military judge erred by allowing trial counsel to ask a voir dire question not reasonably calculated to elicit potential bias, and (5) the evidence is legally and factually insufficient to sustain the conviction.  ...   COURT DECISION:   (.pdf)   (.html)

   July 14, 2015  ...  MSPB:  Ryan v. DHS  ...   HOMELAND AND DEFENSE REALLY ABUSE THEIR AUTHORITY IN THESE SECURITY CLEARANCE CASES  ...  HATE IT.   ...   Ms. Ryan was employed as a regional Mission Sup- port Division Director, level GS-15, by the Federal Emergency Management Agency (“the agency” or “FEMA”), an agency within the Department of Homeland Security (“DHS”). The position required her to maintain a top secret security clearance. The agency suspended Ms. Ryan’s access to classified information after it learned she had been indicted on federal criminal charges related to conflict of interest, solicitation of a gratuity, and making a false statement. Because she no longer met the requirements of the position, FEMA indefinitely suspended her from duty without pay “until such time as a final determination is made by the FEMA Office of the Chief Security Officer (OCSO) with respect to [her] future eligibility for access to classified information.”          Ms. Ryan appealed the indefinite suspension to the MSPB. Although Ms. Ryan was acquitted of all criminal charges in February 2013, the MSPB Administrative Judge (“AJ”) found she was not entitled to an immediate termination of the indefinite suspension from duty because “the indefinite suspension was based upon the suspension of her clearance and not the underlying reasons for the suspension of the clearance (the indictment).”  ...   MSPB DECISION:   (.pdf)   (.html)

   July 8, 2015  ...  MSPB:  Webster v. Energy  ...   BEFORE HER REMOVAL, THE APPELLANT WAS EMPLOYED AS A GS-13 ATTORNEY.   ...   The appellant was employed as a GS-13 Attorney-Examiner with the agency’s Office of Hearings and Appeals (OHA). On March 14, 2012, the agency proposed the appellant’s removal based on charges of inappropriate conduct and failure to follow supervisory instructions.      The agency informed the appellant that, in deciding to propose her removal, it had considered her prior discipline, specifically: (1) a 1-day suspension issued on February 24, 2010, for three incidents of misconduct from August 2009, through January 2010; (2) a 5-day suspension issued on May 21 2010, for inappropriate conduct towards her former supervisor on March 16, and April 6, 2010, and failure to follow instructions set forth in a March 16, 2010 counseling memorandum; and (3) a 14-day suspension issued on October 21, 2011, for disrespectful and argumentative behavior towards J.F. on March 2, and April 20, 2011. The appellant did not respond to the notice of proposed removal.      The deciding official sustained both charges      MSPB DECISION:   (.pdf)   (.html)

   July 7, 2015  ...  TECH:  ...   HOT. HOT, HOT  ...  64GB MICROSD CARD  $19.57  ...   Walmart has 64GB Samsung EVO Class 10 microSD Card w/ Adapter (MB-MP64DAT/WMT) on sale for $19.57. Store pickup is free, otherwise shipping is free on orders $50+. .   Walmart   ..   DISCUSSION (

   July 7, 2015  ...  MSPB:  Herman v. Justice  ...   THE HUMAN RESOURCE EXAMINER ALLEGED THAT JUSTICE RETALIATED.   ...   The appellant is a GS–13 Human Resource Management Examiner with the agency’s Bureau of Prisons. In that position, he reviews and evaluates programs at each of the agency’s 116 correctional facilities and its central Human Resources Department.      The appellant alleged that he made the following disclosures protected under the Whistleblower Protection Act (WPA): (1) ... (2) ... (3) ... The appellant alleged that, in retaliation for his alleged protected disclosures, the agency took the following personnel actions: (1) issued him two letters of counseling; (2) gave him an unfavorable mid-year performance review; and (3) reassigned him to a different position.      The administrative judge dismissed the appeal for lack of jurisdiction.  ...   MSPB DECISION:   (.pdf)   (.html)

   July 6, 2015  ...  Sports:  ...   TEAM USA WOMEN SQUASH JAPAN IN WORLD CUP FINAL  ...   The FIFA Women's World Cup soccer championship was held between the United States and Japan in Vancouver on Sunday. The U.S. won 5-2.   NBC Sports

   July 2, 2015  ...  MSPB:  Jones v. Justice  ...   DID THE FBI REALLY TERMINATE THE BLACK GUY FOR BEING A CONSTANTLY COMPLAINING PAIN IN THE ASK ?   ...   Starting in August 2011, Mr. Jones was employed by FBI as a Supervisory Contract Specialist and was assigned to work at DOJ. Mr. Jones believed that he was promised a financial incentive—a pay-match based on a private sector job offer—to come work for FBI. After he had already begun working for FBI, however, Mr. Jones was informed that he was not entitled to matching pay.          Mr. Jones' employment was terminated effective August 24, 2012 for failure to meet FBI suitability standards.          Before MSPB, Mr. Jones argued that (1) he was entitled to appeal his termination to MSPB because his prior military service qualified him as preference-eligible and (2) his prior federal service with another agency meant that he was not a probationary employee and, therefore, had appeal rights as a regular employee.   ...   MSPB DECISION:   (.pdf)   (.html)

   July 01, 2015  ...  CORPWATCH:  ...   EuroZone Profiteers: How German and French Banks Helped Bankrupt Greece  ...  Almost none of the huge amount of money "loaned" to Greece has actually gone there, writes Joseph Stiglitz, former World Bank chief economist. CorpWatch's EuroZone Profiteers report sheds light on how some of it was used to pay off bad loans made by private-sector banks in France and Germany.

   Jun 29, 2015  ...  TECH:  ...   INSIGNIA RECHARGEABLE PORTABLE HD/FM RADIO ON SALE   $29  ...   Great at Reg Price $49 ...  ...  Rechargeable Up To 18 Hours Play, Small, Etc  ...  Both, Portable and Desktop have Digital Out 3.5mm Earphone Jack.  ...  Buy both the portable ($29) and desktop ($49) for just $79 and get free shipping.   Best Buy   ..   User Guide (pdf)   ..   Quick Setup Guide (pdf)      Sold Out in Most Stores, Order Online.

   Jun 26, 2015  ...  TECH NOTE:  ...   ABOUT HD RADIO  ...  HD RADIO = DIGITAL RADIO  ...  HD Radio is more appropriately referred to as "Digital Radio"...  ...  Upon seeing the term HD, the average person assumes it means High Definition Radio. Although that is a logical assumption, it is not true.  ...   HD Radio(digital) is not necessarily higher quality than regular Analog radio.  ...  The big difference between HD Radio (Digital) and Regular Radio (Analog) is that HD Radio transmits data/info along with the music. For Example: When you tune to a regular (analog) radio station, all you see is the station number 93.7 or 102.5 or 103.2. That's all. With a digital radio, along with the music, your display may show the station number (93.6) and Call letters (WABC FM) and Song Artist (Tiny Tim) and Song Title (Toptoe Through The Tulips).  ...   Most US Radio stations only broadcast an Analog signal. Some radio stations broadcast a HD (Digital) signal along with the Analog signal.  ...   Simultaneous Multiple Station Broadcast: Some HD "digital" radio stations broadcast 1 or 2 additional sub stations. Example: In Washington, the Howard University Radio station, WHUR, broadcasts both analog and digital signals. Using a regular radio (analog) radio, you can only hear the main station (96.3). However if you have a HD Radio (digital), you have a choice of three stations (HD 1, HD2, HD3). So for example, while HD1 is broadcasting the Steve Harvey, Maze, Ledisi, Stevie Wonder, ... HD2 is playing an Adult Contemporary/Cool Jazz/Gospel Mix: Lalah Hathaway, Jill Scott, Spyro Gyro, Gregory Porter, Floetry, Coltrane, Miles, Sinatra ... and HD3 is playing Hip Hop: Chris Brown, Nicki Minaj, Kanye West, Drake, Big Sean,2 Chainz, Mims, etc. So as you can see, with a HD Radio (digital), you may have 2 additional channels. Some HD stations only broadcast 1 or 2 channels.   ...   Another Example: Radio station WETA (90.9) ... HD1 broadcasts Classical Music and HD2 broadcasts Opera music, all day long.   ...   So if you only have a regular radio (analog), you can not get your Opera on.   ...   Hope this helps you to better understand HD Radio.

   Jun 25, 2015  ...  TCA:  Mary v. wILLIAMS v. Gibson  ...   TIP: WHEN FILING A LAWSUIT ... JUST THROW IN THE "KITCHEN SINK" AS REASONS FOR YOUR TERMINATION.  ...   After her termination, Ms. Williams filed two lawsuits against Gibson County in the Circuit Court of Gibson County. The first case was filed by Ms. Williams on July 12, 2013. In the complaint, it appears that Ms. Williams alleges that the County wrongly terminated her employment as an EMT after she sustained injuries from a dog bite while on the job. From what we can discern, Ms. Williams alleges that the County terminated her employment after she made “several complaints about the non treatment she receive[d].” Her complaint provides that her termination was also racially motivated and violated the “EEOC, Title VII, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, or the Age Discrimination in Employment Act: By: [sic] Firing Ms[.] Williams after being injured on the job and refusing to pay for medical expenses due to that injury.” Among other things, Ms. Williams requested relief in the form of back pay from the date of her termination on September 17, 2012.      Less than one month after filing case number 8716, on August 7, 2013, Ms. Williams filed case number 8724. In this complaint, Ms. Williams alleges that Gibson County violated USERRA when it failed to pay her the entire monetary award she was entitled to pursuant to the parties’ Consent Decree entered in the federal district court case. She states that the County paid her $9,900.00 in back pay, but failed to pay the remainder of the award.   ...   COURT DECISION:   (.pdf)   (.html)

   Jun 22, 2015  ...  MSPB:  Fowlkes v. Ironworkers  ...   WHEN BRUCE CHANGED TO CAITLYN, THE WORLD CHEERED .... BUT WHEN I CHANGED FROM MS. COLETTE TO MR. COLE, THE UNION DISCRIMINATED AGAINST ME.   ...   Fowlkes is a journeyman ironworker and a member of Local 40. As a journeyman ironworker, Fowlkes would (in his words) detonate “caps/blow cement from steel/use torch to cut/burn steel[,] preparing it for the welder.”      Although Fowlkes was born biologically female and was named “Colette,” he now self-identifies as a man, preferring to be called “Cole” and to be referred to in the masculine.      To place its members at job sites, the Local ran a hiring hall, and Doyle and O’Rourke, as business agents for the Local, participated in the placement process. Fowlkes alleges that, beginning as early as 2005, the Local refused to refer him to jobs for which he was qualified, “[i]ntentionally passing over [Fowlkes] by choosing other men to receive [the] construction work” that he sought.      Fowlkes further alleges that O’Rourke received calls specifically requesting him for particular jobs for which he had the requisite skills, but that O’Rourke and Doyle passed him over in favor of others “with lesser skill level.”      The Local’s failure to refer Fowlkes for assignments allegedly continued through 2011; in that year, Fowlkes claims to have worked a total of only sixty-seven hours as a journeyman, again as a result of defendants’ “refusal to refer and give [him] work.”      Fowlkes alleges that defendants failed to refer him for work for two primary reasons. First, he asserts that defendants discriminated against him on the basis of sex: Fowlkes claims that if he had “acted with a femin[in]e character or worked with less musc[le], he might [have] not [incurred] [i]ntentional passing over.” (alleging that defendants told him that he “would get a good job if [he] would act like a girl”). Second, Fowlkes recounts that Doyle and O’Rourke each told him that they refused to refer him for work because he had previously filed a suit against the Local.  ...   MSPB DECISION:   (.pdf)   (.html)

   Jun 18, 2015  ...  Supreme Court of the United States:  Walker v. ConfederateVeterans  ...   CLARENCE THOMAS, THE MOST CONSERVATIVE SUPREME COURT JUSTICE, BREAKS RANKS WITH FELLOW CONSERVATIVES TO BAN HATEFUL CONFEDERATE LICENSE PLATES. THANKS JUSTICE THOMAS.  ...   Texas offers automobile owners a choice between ordinary and specialty license plates. Those who want the State to issue a particular specialty plate may propose a plate design, comprising a slogan, a graphic, or (most commonly) both.      If the Texas Department of Motor Vehicles Board approves the design, the State will make it available for display on vehicles registered in Texas.      In this case, the Texas Division of the Sons of Confederate Veterans proposed a specialty license plate design featuring a Confederate battle flag. The Board rejected the proposal.      We must decide whether that rejection violated the Constitution’s free speech guarantees.                OPINION OF THE COURT: ... we hold that Texas’s specialty license plate designs constitute government speech and that Texas was consequently entitled to refuse to issue plates featuring SCV’s proposed design. Accordingly, the judgment of the United States Court of Appeals for the Fifth Circuit is Reversed.           BREYER, J., delivered the opinion of the Court, in which THOMAS, GINSBURG, SOTOMAYOR, and KAGAN, JJ., joined. ALITO, J., filed a dissenting opinion, in which ROBERTS, C. J., and SCALIA and KENNEDY, JJ., joined.  ...   COURT DECISION:   (.pdf)   (.html)

   Jun 17, 2015  ...  MSPB:  ElHelbawy v. Commerce  ...   THEY STOPPED THE EMPLOYEE FROM PIMPING THE TELEWORK SYSTEM  ...  HATS OFF TO THE COMMERCE ER SPECIALIST WHO GUIDED THE MANAGERS THROUGH THIS CASE   ...   We also note that the agency acted appropriately in directing the appellant to provide medical documentation to substantiate her absences, considering that she had been absent for a significant period of time.      She told her supervisor that she could not inform the agency how long she would remain absent, and she said she would be unable to secure an appointment at a particular hospital to see a specialist about her medical conditions until 3 months later.      Based on our review of the record, we also find that: (1) the appellant’s medical conditions were primarily subjective in nature; (2) medical evidence was required to establish the existence of a disability because the scope of the appellant’s physical limitations was not obvious; (3) none of the appellant’s medical providers were able to provide a definitive diagnosis; (4) the agency tested the air quality of the building where the appellant worked and determined that the air quality was fine; (5) absent a few exceptions, it would be impossible for a federal agency to provide the appellant with what she was demanding here— a completely dust-free workplace; and (6) the appellant’s doctor’s determination that there was an outside chance that the appellant’s medical condition might have been caused by occupational asthma or “sick building syndrome” was merely a guess, not a medical opinion, and this speculation was contradicted by the air quality testing report.      We further find that the record reflects that the agency engaged in the required interactive process.      Thus, we believe that the agency should not be forced, under the circumstances presented here, to relinquish its policy limiting the number of hours in a pay period for approved telework, and, even if we were to find that the appellant was a qualified individual with a disability, that would not mean that she would be allowed to dictate to the agency what her reasonable accommodation must be.   ...   MSPB DECISION:   (.pdf)   (.html)

   Jun 16, 2015  ...  TECH:  ...   The New Microsoft "Surface 3"  ...   As A Proud United Stater ... I feel proud ... When I hear so many people giving mostly great (70% 4 to 5 stars out of 5) reviews:  ...   Amazon S3 Reviews

   Jun 16, 2015  ...  TECH:  ...   Folks Really Loving The New Alcatel "Idol 3" Unlocked Smartphone : 5.5" -or- 4.7" .. Thin .. Light .. Great Screen.  Amazon


   Jun 15, 2015  ...  MSPB:  Pace v. Army  ...   THIS MSPB DECISION SHOULD BE APPEALED TO THE SUPREME COURT.   The OBAMA Appointed Liberals At MSPB Have Found A Way To Further Complicate The Already "Poorly Implemented" Federal Performance Management System.   Like Their "Management Hating" Peers At EEOC, Unions, And White House, MSPB Has -Once Again- Shown That They Have Little Concern For Helping Agencies To Fire The Embarrassingly High Number Of Poor Performing Federal Employees.   ...   The appellant, a safety intern, was placed on a Performance Improvement Plan (PIP).      After the PIP concluded, the appellant’s performance in the critical element of mission support continued to be evaluated as “Fails” and he received an overall “Unsuccessful” rating on his final performance evaluation.      The appellant therefore was removed from his position for unsuccessful performance.      The appellant appealed his removal to the Board.      After holding a hearing, the administrative judge sustained the removal.           OPM HOLDING HERE: We Reverse This Poor Performing Employee's Removal Because ... Poor Performing Federal Employees "Must" Be Informed Of The Minimum Level Of Performance They Need To Maintain In Order To Continue To Perform Incompetently -And- Still Maintain Their Job and Full Pay.  ...   MSPB DECISION:   (.pdf)   (.html)

   Jun 12, 2015  ...  First Circuit:  Murray v. Kindred  ...   THEY FIRED ME FOR BEING A WHISTLEBLOWER ! ... (Not Because They Caught Me Diverting oxycodone).  ...   Denise Murray portrays herself as a whistleblower and charges that her quondam employer, Kindred Nursing Centers West LLC (Kindred), fired her on that account. Kindred denies this charge, asserting that it terminated Murray's employment for a legitimate, nondiscriminatory reason: suspected drug diversion.     On March 9, 2012 (about a week after the fourth report), Guptill met with Bethany Gage (a nurse who worked at the facility).     Gage informed Guptill that Murray had documented administering oxycodone (a powerful pain medication) to Resident 1 the previous day when, to Gage's knowledge, Resident 1 had not been in pain for quite some time.     Gage further noticed that Murray had documented administering oxycodone to Resident 1 on several occasions over the previous few weeks even though no other nurse had done so. When Gage asked Resident 1 if he either had been in pain or had received pain medication lately, he replied in the negative.     After receiving this distressing news, Guptill surveyed other patients' records. Upon inquiry, Resident 2 denied having received oxycodone at the time Murray had recorded administering it to him. Guptill similarly learned that Murray had documented administering medication to Resident 3 several hours after Resident 3 had been discharged from the facility. On another occasion ... ... ...   ...   COURT DECISION:   (.pdf)   (.html)

   Jun 11, 2015  ...  MSPB:  King v. AirForce  ...   SHE DID THE HAPPY DANCE WHEN SHE WON HER WHISTLEBLOWER CASE.    AND THEN ...   ...   The administrative judge issued an initial decision reversing the appellant’s reduction in grade and pay, finding that the appellant proved her affirmative defense of whistleblower reprisal.      The administrative judge awarded the appellant $71,238.22 based on the following consequential damages: moving expenses ($3,871.20); job search expenses ($2,418.02); and the amount of a compromise of her Veterans Administration (VA) loan resulting from the sale of her home at a loss ($64,949.00).      The administrative judge also ordered the agency to restore 280 sick leave hours to the appellant, but she denied her request to restore 50 annual leave hours and reimburse certain medical expenses.      The agency (Air Force) has filed a petition for review of the administrative judge’s decision awarding the appellant consequential damages.  ...   MSPB DECISION:   (.pdf)   (.html)

   Jun 10, 2015  ...  6thCir:  NLRB v. Little River Band of Ottawa Indians  ...   ALL THESE YEARS LATER, AND THE WHITE MAN IS STILL STICKING IT TO THE INDIANS.  ...   The Band is a federally recognized Indian tribe with more than 4,000 enrolled members, most of whom live within or near the Band’s aboriginal lands in the State of Michigan. See Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act (the Little Bands Act),      The record in this case shows that the casino has 905 employees—107 of whom are enrolled members of the Band, 27 of whom are members of other Indian tribes, and 771 of whom are neither members of the Band nor of any other Indian tribe.      On March 28, 2008, the Teamsters, Local No. 406, filed a Charge Against Employer, asserting that the Band committed an unfair labor practice in violation of the NLRA. On December 10, 2010, the Acting General Counsel of the Board filed an unfair labor practice complaint, alleging that the above provisions of Articles XVI and XVII of the FEPC interfere with, restrain, and coerce employees in the exercise of their rights guaranteed by Section 7 of the NLRA, 29 U.S.C. § 157, and therefore violate Section 8(a)(1) of the NLRA.  ...   COURT DECISION:   (.pdf)   (.html)

   Jun 9, 2015  ...  MSPB:  Saiz v. Navy  ...   THE NAVY DISCRIMINATED AGAINST ME WHEN THEY REMOVED ME BECAUSE I'M HISPANIC AND 58 YEARS OLD.  ...  ...  ...   Not Because I was High On And In Possession of Meth and Marijuana While On Duty.   ...   On September 10, 2013, the agency proposed the appellant’s removal from his WG-7 Painting Worker position for “Possession of a Controlled Substance Aboard a Military Installation and Testing Positive for Amphetamine(s), Methamphetamine and Marijuana (THC) While in a Duty Status.”      After the appellant replied to the proposal, the agency issued a decision sustaining the charges and finding removal warranted,      The appellant app ealed to the Board and argued that the agency did not remove others who had been similarly charged, but rather offered them last chance agreements, and that this disparity in treatment was based on his age (58) and race (Hispanic).      After convening the requested hearing, the administrative judge ... found that the agency’s penalty determination was not entitled to defer ence, that removal was not within the tolerable limits of reasonableness, and that the maximum reasonable penalty for the sustained charges was a 60 -day suspension (30 days for each offense).      The agency has filed a petition for review, arguing that the administrative judge impermissibly usurped the role of the deciding official.  ...   MSPB DECISION:   (.pdf)   (.html)

   Jun 5, 2015  ...  OPM:   ...   BIG, BIG, BIG OPM DATA BREACH..  ...   Chinese Hackers steal over 4 million Federal Employee Records.  ...   WashTimes   More   

   Jun 5, 2015  ...  MSPB:  Mathis v. State  ...   STATE DEPARTMENT REMOVED THE GS-11 PASSPORT SPECIALIST FOR UNACCEPTABLE PERFORMANCE.   ...   The agency removed the appellant, formerly a GS-11 Passport Specialist, effective July 3, 2014, for unacceptable performance in Critical Performance Element 1, Work Commitment 1C, which sets forth the minimu m requirements for accuracy and efficiency in passport adjudication.      The appellant appealed the removal to the Board, asserting that the agency had failed to consider mitigating circumstances and alleging affirmative defenses of harmful procedural error, disability discrimination, and due process violations based on an alleged ex parte communication between the deciding official and a human resources (HR) representative after the oral reply.  ...   MSPB DECISION:   (.pdf)   (.html)

   Jun 4, 2015  ...  ISC:  Peter Griffith v. Indiana  ...   FAMILY GUY KNIFES SON-IN-LAW.  ...   Peter Griffith was convicted of Class C felony battery. This conviction arose out of a physical altercation that occurred between Griffith and his son-in-law, Darren Wiles (Darren). During that altercation, Griffith stabbed Darren ... with a knife..  ...   COURT DECISION:   (.pdf)   (.html)

   Jun 3, 2015  ...  MSJC:  Commonwealth v. Alcantara  ...   JESUS WAS ABLE TO ESCAPE !  ...   On April 22, 2006, Maria Sastre was beaten to death with a hammer in her home. When one of her children, Jesus, attempted to intervene, he, too, was beaten with the hammer but was able to escape.      Soon thereafter, the defendant, Levi Omar Alcantara, called the police from a nearby gasoline station claiming that he had also been a victim of the attacks in Maria's home.      In contrast, both Jesus and his brother, Christopher, identified the defendant as the assailant. The handle of the hammer tested positive for the defendant's deoxyribonucleic acid (DNA), and red-brown stains on the defendant's clothing were consistent with the DNA of both Maria and Jesus.      The defendant was indicted for murder in the first degree, assault with intent to kill, and assault and battery by means of a dangerous weapon. A jury convicted him of all of the charges, including murder in the first degree by reason of extreme atrocity or cruelty. On appeal, the defendant assigns error to several evidentiary rulings made by the trial judge. .  ...   COURT DECISION:   (.pdf)   (.html)

   Jun 1, 2015  ...  MSPB:  Rodriguez v. CPSC  ...   THEY FIRED ME FOR MY DISABILITY  ...  NOT BECAUSE I FAILED TO REPORT MY ARREST; DROVE GOV UNDER THE INFLUENCE (DUI); LEFT THE SCENE OF AN ACCIDENT; ETC.   ...   Effective May 5, 2014, the agency removed the appellant from her position as a Compliance Investigator with the Office of Import Surveillance based on a charge of conduct unbecoming a federal employee.      The charge is based on the following specifications: (1) failure to report her arrest on October 21, 2012, for driving under the influence (DUI) and leaving the scene of an accident; (2) operating a government owned vehicle (GOV) and government equipment in an impaired state on September 13, 2013; and (3) answering her telephone while driving and ignoring her supervisor’s request to pull over.      The appellant filed an appeal challenging her removal and asserting an affirmative defense of disability discrimination based on alcoholism.  ...   MSPB DECISION:   (.pdf)   (.html)

Jun 1, 2015  ...  VAOIG:  ADMINISTRATIVE INVESTIGATION, MISUSE OF POSITION ... VA REGIONAL OFFICE (VARO), PHILADELPHIA, PA.   We substantiated that Ms. Lucy Filipov, Assistant Director, Philadelphia VARO, while as the Acting Director, misused her position for the private gain of a subordinate and his spouse, misused her title to endorse the private enterprise, and invited subordinates to her home to take part in psychic readings. We also found that she had a less-than-arm’s- length relationship with subordinates whom she characterized as friends. As a senior leader, she is held to a higher standard and should set the tone for her subordinates to follow, and establishing personal relationships with a select group of employees within her chain of authority gives the appearance of preference for those few employees. Although we found no actual preference, just the appearance of preference diminishes her position and authority as a senior leader..   Summary  ...  Full Report (.pdf)

   May 29, 2015  ...  MSPB:  Mithen v. VA  ...   IN THE VA, MANAGEMENT OFTEN DEALS WITH PROBLEMATIC WHITE MEDICAL PROFESSIONALS VIA CHEAP, SLIMEY -AND- UNDERHANED METHODS ... LEAVING HUNDREDS OF $200,000 - $300,000 "ZOMBIE PROFESSIONALS" LANGUISHING IN THE SYSTEM.   ...   The appellant is alleging that the agency indefinitely detailed him from the Program Manager of Neurology position at the Saint Louis Veterans Administration Medical Center (VAMC) to a Staff Neurologist position in reprisal for whistleblowing.      The VAMC is affiliated with Saint Louis University (SLU). Hearing Transcript (HT) at 11. The appellant has been a full-time employee at the VAMC and affiliated with SLU since July 1, 1983.      The appellant also had been the VAMC Residency Program Coordinator, supervising medical residents from SLU who worked in the Neurology Department.      In early September 2010, prior to the appellant’s disclosure, the Chairman of Neurology and Psychiatry at SLU (SLU Chairman) informed the VAMC that several residents had complained about the appellant’s conduct.      On or about September 13, 2010, the agency convened an Administrative Investigative Board (AIB) to investigate the complaints.      During the AIB investigation, the appellant, at the agency’s direction, abstained from his collateral duties as the VAMC Residency Program Coordinator for Neurology but continued as the Program Manager for Neurology.           On March 2, 2011, the VAMC Executive Board approved a reorganization which dissolved Specialty Care, including the Neurology Program.      The reorganization created new positions, including the Chief of Neurology, the Chief of Psychiatry, and the Chief of Anesthesiology, reporting directly to the Chief of Staff.      The new Chief of Neurology position encompassed the appellant’s duties as VAMC Residency Program Coordinator for Neurology and his duties as Program Manager for Neurology. Id. The new Chief of Neurology position was going to be advertised for applicants.  ...   MSPB DECISION:   (.pdf)   (.html)

   May 28, 2015  ...  MSPB:  Knuckles v. Army  ...   IT APPEARS THAT SHE IS REQUESTING THE BOARD’S REVIEW OF THE STEP THREE GRIEVANCE DECISION.   ...   On March 25, 2014, the appellant, through her union representative, filed, in accordance with negotiated grievance procedure, a step three grievance challenging her removal from federal service.      The appellant claimed, among other things, that the agency discriminated against her on the bases of gender and race when it removed her.      In a decision dated May 20, 2014, the agency affirmed the removal action, finding the action justified by the evidence and reasonable under the circumstances.      On August 1, 2014, in an action separate from the present appeal, the appellant filed an appeal of the removal action, which the administrative judge dismissed as untimely filed.      Thereafter, on September 5, 2014, the appellant filed the present appeal in which it appeared that she was requesting the Board’s review of the step three grievance decision.  ...   MSPB DECISION:   (.pdf)   (.html)

   May 27, 2015  ...   No Good New Cases Today, Sorry.

   May 26, 2015  ...  MSPB:  Fouks v. VA  ...   PRESENTING THIS VA COMEDY OF ERRORS: 12, 13, 14 ... WHO'S ON FIRST?   ...   The agency selected the appellant for a Supervisory General Engineer position with the Hudson Valley Healthcare System.     The appellant was a Supervisory General Engineer with the New York Harbor Healthcare System when he applied for this position.      The agency states that the appellant was a General Schedule (GS) 13, step 6 at the time of his selection.      The appellant disagrees and states that he actually was a GS-14, step 2 at the time of his selection. The vacancy announcement stated that the position was at the GS-12 grade level with pay ranging from $77,585 to $100,859.      The agency appointed the appellant, effective September 22, 2013, at the GS-13, step 8 level.      On May 13, 2014, the agency notified the appellant that an error had been made in setting his grade and pay and that he had only been entitled to be paid at the GS-12, step 10 level beginning September 22, 2013.  ...   MSPB DECISION:   (.pdf)   (.html)

   May 22, 2015  ...  4thCir:  Foster v. UM-ES  ...   SHORTLY AFTER HER SEXUAL HARASSMENT COMPLAINT, SHE WAS RECOMMENDED FOR TERMINATION.  ...   Plaintiff-Appellant Iris Foster was hired by Defendant-Appellee the University of Maryland-Eastern Shore (the University) as a campus police officer.   ...   According to Foster’s uncontradicted evidence, Jones began sexually harassing Foster before she even started work: He spied on her while she was being fitted for her new uniform in a state of partial undress. The harassment continued during Foster’s first month on the job. Among other things, Jones stared at her, made lewd or suggestive comments about her, kissed and pinched her on the cheek, and pressed his groin against her buttocks while laying his arm across her breasts.   ...   This appeal concerns the effect of the Supreme Court’s decision in University of Texas Southwestern Medical Center v. Nassar, 133 S. Ct. 2517 (2013), on what Title VII retaliation plaintiffs must show to survive a motion for summary judgment.   ...   COURT DECISION:   (.pdf)   (.html)

   May 21, 2015  ...  CAI:  GIBSON v.  Buckley  ...   SHE FEELS THAT SHE IS A DISCRIMINATION VICTIM. .... HER BOSS FEELS LIKE HE SHOULD HAVE FIRED HER MUCH SOONER.  ...   Appellant Pamela Gibson filed suit against her former employer, dentist Jay Buckley. As relevant here, Gibson alleged Dr. Buckley unlawfully retaliated against her in response to her filing a complaint with the Iowa Dental Board (hereinafter “Board”). The matter was tried before a jury, and the jury returned a verdict in favor of Dr. Buckley. Gibson challenges several evidentiary rulings made during the course of trial.  ...   COURT DECISION:   (.pdf)   (.html)

   May 20, 2015  ...  MSPB:  Tillman v. VA  ...   SHE DENIES THAT SHE COMMITTED THE CHARGED MISCONDUCT AND ALLEGES THAT VA’S ACTION WAS DISCRIMINATION ON THE BASES OF AGE, RELIGION, RACE, AND RETALIATION.   ...   Department of Veterans Affairs removed the appellant from the GS-6 position of Program Support Assistant based on the following charges:      (1) willful use of a government owned vehicle (GOV) for other than official purposes; (2) unauthorized use of a GOV; (3) disrespectful conduct (three specifications); (4) inappropriate conduct; (5) failure to follow instructions (four specifications); (6) lack of candor (two specifications); and (7) AWOL (eight specifications).      The appellant appealed the agency’s action, denying that she committed the charged misconduct and alleging that the agency’s action was discrimination on the bases of age, religion, race, and retaliation for her prior equal employment opportunity (EEO) activities.  ...   MSPB DECISION:   (.pdf)   (.html)

   May 14, 2015  ...  MSPB:  Archuleta (OPM) v. Hopper  ...   OPM APPEALS MSPB'S DECISION THAT OPM DIRECTED SUITABILITY TERMINATIONS ARE SIMPLE ADVERSE ACTIONS.   ...   Katherine Archuleta, Director of the Office of Person- nel Management (“OPM”), petitions for review of a final order of the Merit Systems Protection Board (“the Board”) holding that an individual who meets the definition of an “employee” under 5 U.S.C. § 7511(a)(1) has a statutory right to appeal his OPM-directed suitability removal as an adverse action under 5 U.S.C. chapter 75, subchapter II.  ...   MSPB DECISION:   (.pdf)   (.html)

   May 13, 2015  ...  CAAF:  United States (Air Force) v. Torres  ...   I WAS SLEEP WALKING WHEN I TRIED TO CHOKE MY WIFE TO DEATH.  ...   The evidence adduced at trial showed that on May 12, 2008, Appellant and his wife hosted a party at their on-base residence. During the course of the party, Appellant consumed approximately eight to ten shots of alcohol. At approximately 2:00 a.m. on May 13, 2008, Appellant and his wife went to bed while some of their guests went to sleep elsewhere in the home. Upon rising several hours later, Appellant’s wife discovered Appellant partially clothed and curled up on the floor, apparently asleep. She shook Appellant and informed him that she was driving some of their guests home. Appellant did not respond.      Appellant’s wife returned to their home a short time later. She again shook Appellant trying to rouse him, but again he did not respond. When she tried to lift Appellant to an upright position, Appellant grabbed his wife, threw her on the bed, squeezed her head, punched her, choked her, and hit her head against the bed’s headboard.      Appellant’s wife finally managed to escape by hitting Appellant in the head with a bedside telephone base and running out of the bedroom. Appellant walked into the living room, and asked a remaining guest what happened to his wife.      At trial, the defense sought to show that Appellant assaulted his wife while in an altered state of consciousness following an epileptic seizure, and that Appellant’s conduct was therefore involuntary. The defense asked the military judge to instruct the panel accordingly.      At a general court-martial composed of officer members, Appellant was convicted contrary to his plea of one specification of aggravated assault. Specifically, Appellant was found guilty of “commit[ting] an assault . . . [on his wife] by choking her throat with his hands with a force likely to produce death or grievous bodily harm.”.  ...   COURT DECISION:   (.pdf)   (.html)

   May 8, 2015  ...  MSPB:  Thibeault v. MSPB  ...   FIRST, POSTAL SERVICE CONSTRUCTIVELY SUSPENDED ME. THEN THEY CONSTRUCTIVELY REMOVED ME TOO !   ...   Thibeault was a mail handler for the United States Postal Service (“USPS”), who had operated mail pro- cessing machines before the USPS replaced these ma- chines in late 2012.      Because these new machines were to be operated by mail- processing clerks, and not mail handlers, USPS informed Thibeault that his services as a mail handler were no longer required, and invited him to bid for a new assign- ment.      When Thibeault did not bid on a new assignment, USPS assigned him to a new shift—from 8:00 p.m. to 4:30 a.m.      Thibeault objected to this assignment, arguing that his psoriatic arthritis would be exacerbated by the cold weather he would be exposed to while travel- ling to and from work. He, thus, requested a reasonable accommodation in light of this disability, asking to be returned to his original shift—4:00 p.m. to 12:30 a.m. When USPS did not grant this request, Thibeault used his sick leave beginning in January 2013 in order to avoid working the overnight shift. When his sick leave was exhausted in June 2013, he retired from USPS.      On July 5, 2013, Thibeault filed an action with the Board, contending that USPS had constructively suspended him from February to June 2013, and constructively removed him from his position when he was forced to retire in June 2013.   ...   MSPB DECISION:   (.pdf)   (.html)

   May 6, 2015  ...  Va. Ct. App:  Giraldi v. Giraldi  ...   I DIVORCED HER FOR ADULTERY, BUT THE COURT ERRED BY GIVING HER SPOUSAL SUPPORT.  ...   On August 11, 2014, the circuit court entered a final decree of divorce between David Kenneth Giraldi (husband) and Eva Maria Giraldi (wife), in which it awarded husband a divorce a vinculo matrimonii from wife on the ground of adultery.      On appeal, husband raises two assignments of error.      First, husband argues that the circuit court erred by awarding a reservation of spousal support to wife because there was not clear and convincing evidence – based on the respective degrees of fault during the marriage and the relative economic circumstances of the parties – to support a finding that denial of a reservation of spousal support to wife would constitute a manifest injustice.      Second, husband contends that the circuit court erred when it allowed wife’s counsel to elicit evidence of condonation and when it indicated that it would consider such evidence when deciding whether to grant wife a reservation of the right to spousal support.  ...   COURT DECISION:   (.pdf)   (.html)

   May 5, 2015  ...  CSC:  Williams v. CVIFD  ...   SHOULD THE LOSING DISCRIMINATION SUIT PLAINTIFF HAVE BEEN ORDERED TO PAY THE DEFENDANT'S COURT COSTS ?  ...   Plaintiff Loring Winn Williams sued defendant Chino Valley Independent Fire District (the Fire District) for employment discrimination in violation of the California Fair Employment and Housing Act.      The trial court granted summary judgment for the Fire District. In a separate order, the trial court awarded the Fire District its court costs.      Williams appealed from the latter order, contending that in the absence of a finding his action was frivolous, unreasonable or groundless, defendant should not have been awarded its costs.   ...   COURT DECISION:   (.pdf)   (.html)

   May 5, 2015  ...  MSPB:  Jonson v. FDIC  ...   HE WAS FIRED FOR A PATTERN OR PRACTICE OF DEFALCATION. ???   ...   FDIC removed the appellant from his position as Case Manager for conduct prohibited by its regulations at 12 C.F.R. Part 336, Subpart B, concerning minimum standards of fitness for employment (the minimum fitness regulations).      The basis of the removal was the appellant’s alleged failure to satisfy eight separate debts to FDIC-insured institutions.      The agency found that this conduct violated the prohibition in the minimum fitness regulations against “a pattern or practice of defalcation.”      A pattern or practice of defalcation is defined in the regulations, in pertinent part, as “[a] history of financial irresponsibility with regard to debts owed to insured depository institutions which are in default in excess of $50,000 in the aggregate.”      The regulations provide that employees who are not in compliance “shall be terminated.”   ...   MSPB DECISION:   (.pdf)   (.html)

   May 4, 2015  ...  MSPB:  Spurlock v. AirForce  ...   A REVERSAL OF FORTUNE   ...   The appellant holds the position of Readiness Specialist.      On October 17, 2012, the agency notified the appellant that his access to classified information had been suspended based upon the initiation of an unfavorable administrative security file stemming from his failure to comply with requisite drug testing.      Subsequently, the agency proposed and then effectuated his indefinite suspension for failure to maintain a security clearance.      The appellant appealed his indefinite suspension to the Board.  ...   MSPB DECISION:   (.pdf)   (.html)

   Apr 29, 2015  ...  SCP:  Com v. Smith  ...   THIS TEACHER APPEALS HER 14 TO 30 YEAR IMPRISONMENT SENTENCE FOR SEX WITH STUDENT.  ...   In 2008, J.J., a 15-year-old sophomore at a public school in Lancaster, was a student in Appellant’s English class. J.J. confided in Appellant, first spending a significant amount of time with her at school during and after normal school hours. Later, J.J. began to see Appellant outside of school as well.      Eventually, their relationship took on a sexual dimension. J.J. testified that he engaged in three sexual encounters with Appellant. During the first occasion, in November of 2008, the two engaged in oral and vaginal intercourse.      Later that same month, the two showered together, engaged in oral and vaginal intercourse and, at one point, Appellant used a vibrating sex toy on J.J. On the third occasion, during Christmas break the following month, Appellant and J.J. showered together and then engaged in oral and vaginal intercourse.      The sexual contact between the two ended in January of 2009 as a result of an investigation by the school district into their relationship.      However, Appellant and J.J. continued to communicate by phone. J.J. testified that he had fallen in love with Appellant and was devastated when their physical relationship ended.    On May 20, 2014, Appellant was sentenced to an aggregate term of 14 to 30 years’ imprisonment.    Appellant, Christy L. Smith, appeals from the judgment of sentence.   ...   COURT DECISION:   (.pdf)   (.html)

   Apr 28, 2015  ...  Permerica Opinion:  ...   Stephanie Rawlings Blake's First Big Mistake: Referred To Looters As THUGS. The Term has Negative Racial Connotations. She should walk back her inappropriate comment. Unfortunately she's probably too stubborn to see her own wrongs. Stephanie Rawlings Blake please walk back your comment.

   Apr 28, 2015  ...  C.A.A.F.:  US (Army) v. Adams  ...   GOTTA READ THIS CASE  ...  HOW CAN I BE GUILTY OF A MADE-UP CONFESED CRIME ?  ...   SPC DT implicated himself and Adams in a robbery of cocaine from a local drug dealer and also alleged that Adams had a weapon and cocaine in his house. Based on this information, Special Agents (SA) McKinney and Villegas of the Army’s Criminal Investigation Division (CID) obtained a search authorization for Adams’ house. While searching the house, the agents found a Smith & Wesson “Sigma” .40 caliber handgun. No cocaine was found.      Specialist (SPC) Matthew R. Adams Jr. was charged with numerous offenses, including robbery. Consistent with his plea, Adams was acquitted of all charges but was found guilty of larceny, as a lesser included offense of robbery.      This Court granted review to determine whether the confession admitted by the military judge was properly corroborated.   ...   COURT DECISION:   (.pdf)   (.html)

   Apr 23, 2015  ...  MSPB:  EEOC v. New Breed  ...   OUR COMPANY APPEALS THE $1.5 MILLION DOLLAR DECISION AGAINST US FOR SEXUAL HARASSMENT.   ...   The Equal Employment Opportunity Commission (“EEOC”) brought this Title VII sexual harassment and retaliation action against New Breed Logistics (“New Breed”). The EEOC alleged that James Calhoun, a New Breed supervisor, sexually harassed Jacquelyn Hines, Capricius Pearson, and Tiffany Pete and retaliated against the women after they objected to his sexual advances.      The EEOC also alleged that Calhoun retaliated against Christopher Partee, a male employee, who verbally opposed Calhoun’s sexual harassment and supported the women’s complaints.      A jury found New Breed liable under Title VII for Calhoun’s sexual harassment and retaliation and awarded all four employees compensatory and punitive damages totaling over $1.5 million dollars.   ...   MSPB DECISION:   (.pdf)   (.html)

   Apr 23, 2015  ...  MSPB:  McDowell v. Defense  ...   FAILURE TO TIMELY REPORT MISCONDUCT -and- REFUSAL TO COOPERATE IN AN INVESTIGATION   ...   The appellant was employed as a GS-14 Supervisory Human Resources Specialist in the Department of Defense Education Activity (DoDEA), Pacific Area.      On February 28, 2013, the agency proposed to remove her from her position based on four charges: (1) failure to timely report misconduct to the proper authorities; (2) refusal to cooperate in an investigation conducted by her supervisor; (3) unprofessional conduct toward her supervisor; and (4) unprofessional conduct towards one or more employees.      After providing her with the opportunity to respond to the notice of proposed removal, the deciding official issued a decision letter sustaining the first two charges but not the last two charges regarding unprofessional conduct.      The deciding official determined that the sustained charges did not warrant the penalty of removal.      Instead, he demoted her to the position of AD-12 Human Resources Specialist.      The demotion was effective July 28, 2013.      Thereafter, the appellant filed an appeal contesting her demotion.      She also raised claims of discriminatory hostile work environment, harmful procedural error, discrimination based on race, and retaliation for whistleblowing activities and prior Equal Employment Opportunity activity.  ...   MSPB DECISION:   (.pdf)   (.html)

   Apr 22, 2015  ...  MSPB:  Goerold v. Homeland  ...   AGENCY: I LOST THE CASE, SO I APPEALING  ...  APPELLANT: I WON MY CASE -AND- I'M APPEALING TOO.   ...   The following background facts are undisputed. At all times relevant to this appeal, the appellant served as the Assistant Federal Security Director (Inspections) with the Aviation Operations Division of the Transportation Security Administration (TSA) for the Denver International Airport.      Effective September 2012, the agency reduced the appellant in pay band and pay based on a charge of unacceptable performance, which was supported by three specifications concerning her work performance in three critical areas of her position.      The appellant filed a timely appeal with the Board and raised affirmative defenses of disability, age, and sex discrimination, retaliation, harmful error, and several prohibited personnel practices. Following a hearing, the administrative judge reversed the agency’s action, finding, among other things, that the agency failed to prove that the appellant’s performance standards were in compliance with its management directive governing such standards, and that it therefore could not sustain its charge of unacceptable performance.     DECISION:   (.pdf)   (.html)

   Apr 21, 2015  ...  TxApp:  Palumbo v. Texas  ...   ENTRAPMENT:  I DID NOT HAVE SEX WITH THAT MAN -and/or- UNLAWFULLY OBTAINED EVIDENCE.  ...   On December 17, 2012, officers from the vice division of the Houston Police Department conducted an undercover investigation at the Pink Spa, to determine whether prostitution was occurring at the business. As part of the investigation, Officer Bobby Smith entered the Pink Spa posing as a customer.    Upon entering the business, Officer Smith paid a $60 door fee and was escorted to a room. Ms. Lawan Palumbo then entered the room, wearing lingerie. After Palumbo provided Smith with a short massage, she inquired what else Smith would like. Smith, using street language, asked how much it would cost to have sexual intercourse with Palumbo.    After some negotiation, Officer Smith offered Lawan Palumbo $140 in exchange for Palumbo engaging in sexual intercourse and ___ sex with him. Smith testified that Palumbo agreed to his proposition and that they agreed to exchange $140 for the provision of sexual intercourse and ___ sex.    COURT DECISION:   (.pdf)   (.html)

   Apr 20, 2015  ...  MSPB:  Gonzalez v. Agriculture  ...   MY TERMINATION WAS FOR A PRE-APPOINTMENT REASON AND WAS BASED ON RETALIATION FOR MY PROTECTED EQUAL EMPLOYMENT OPPORTUNITY (EEO) ACTIVITY, DISABILITY DISCRIMINATION, AND REPRISAL FOR WHISTLEBLOWING.   ...   The agency appointed the appellant to the position of Area Technician, effective June 8, 2014.      Her appointment was in the competitive service and was subject to completion of a 1-year initial probationary period beginning on the date of her appointment.      At the time of her appointment, the appellant did not have prior creditable federal service.    The agency terminated the appellant during her probationary period, effective October 1, 2014, due to both conduct and performance deficiencies.    The appellant filed this appeal alleging that her termination was for a pre-appointment reason and was based on retaliation for her protected equal employment opportunity (EEO) activity, disability discrimination, and reprisal for whistleblowing.  ...   MSPB DECISION:   (.pdf)   (.html)

   Apr 20, 2015  ...  DCDC:  Johnson v. DC  ...   DEAR SCHOOL PSYCHOLOGIST: YOU ARE CRAZY IF YOU THINK THAT WE ARE ACTUALLY LISTENING TO YOU.  ...   Andrew Johnson worked as a DCPS school psychologist from 1994 until his termination in 2011.      Johnson had generally received positive performance reviews during his career, but his reviews dropped when DCPS implemented the IMPACT program.      Under IMPACT, Johnson’s final combined standards and professionalism scores resulted in a “Minimally Effective” rating for the 2009–2010 school year, based on the scores provided by his program manager, Dr. Jamila Mitchell.      When Johnson learned that his “Minimally Effective” rating was based on a student named J.F. who, in fact, was not assigned to either of Johnson’s schools.     Johnson also spoke with Dr. Mitchell, who explained that Mitchell had conveyed his concerns to the DCPS official who calculated his timeliness score but that she, as a supervisor, could not be involved in the process.      According to Johnson, Dr. Jamila Mitchell “giggled” and responded by saying “well, you can retire.”      DCPS terminated Johnson on August 12, 2011.     Johnson filed an appeal with the DC School Chancellor’s Impartial Review Board, which was denied.      This suit followed.   ...   COURT DECISION:   (.pdf)   (.html)

   Apr 17, 2015  ...  3rd Cir:  Alvarez v. AGUS  ...   IF SHE VOMITS 6 TO 8 TIMES AND LAY UNCONSCIOUS, SHE'S PROBABLY NOT JONESING FOR SEX WITH YOU.  ...   During the night of August 11, 2000 and early the following morning, Chavez-Alvarez had nonconsensual sexual contact with a female platoon member. As provided in the Stipulation of Fact from Chavez-Alvarez’s court-martial, Chavez-Alvarez was drinking alcohol with his platoon members at a bar outside of the army base in Tongduchon, Korea.      Chavez-Alvarez escorted a visibly intoxicated female platoon member back to the army base; the female platoon member was unable to walk on her own.      Chavez-Alvarez assisted the woman back to her bedroom and began helping her change out of her clothing. During this time, the woman vomited between six to eight times and eventually lay unconscious on her bed.      Despite being aware that she was unable to give consent due to her incapacitation, Chavez- Alvarez began to touch her genitals, including performing ____ sex on her.      She began to protest, but Chavez-Alvarez believed her movement indicated consent. He then had sexual intercourse with the woman.  ...   COURT DECISION:   (.pdf)   (.html)

   Apr17, 2015  ...  MSPB:  Jones v. Labor  ...   IF YOU GET CAUGHT DOING THIS STUFF, DON'T RUIN YOUR BAD REPUTATION BY APPEALING FOR THE WORLD TO SEE.   ...   Effective September 11, 2013, the appellant was removed from his Equal Opportunity Specialist position for Failure To Provide Accurate Information and Lack Of Candor. The Failure To Provide Accurate Information charge was supported by two specifications and the Lack Of Candor charge was supported by three specifications.      SPECIFICATION 1 of the Failure To Provide Accurate Information charge alleged that the appellant failed to provide accurate information in response to question 12 of Optional Form 306 (OF-306), Declaration for Federal Employment, by failing to disclose his resignation after being removed from his prior position at the Department of Agriculture in 2008.      SPECIFICATION 2 alleged that the appellant failed to provide accurate information in his employment application regarding his employment history as a Criminal Investigator with the Department of Homeland Security (DHS).      SPECIFICATION 1 of the Lack Of Candor charge alleged that, during his recruitment interview, the appellant was not forthright about the fact that he only performed his job duties as a Criminal Investigator for the DHS for approximately 2 weeks and failed to disclose that he was on extended administrative leave during the majority of the 21 months he indicated that he was employed there on his résumé.      SPECIFICATION 2 of the Lack Of Candor charge alleged that during the same interview, the appellant was not forthright about the fact that he went from a GS-12 Criminal Investigator to a GS-6 Deportation Assistant, not because he was in a “holding pattern” regarding his top secret clearance as he stated but because he had been removed from his Criminal Investigator position for failure to obtain a top secret clearance, and, as a result of a settlement agreement, the agency agreed to place him in the Deportation Assistant position.      On September 26, 2014, the appellant electronically filed an “appeal .  ...   MSPB DECISION:   (.pdf)   (.html)

   Apr 15, 2015  ...  MSPB:  Smith v. Postal  ...   THIS CASE IS PROOF THAT MSPB ADMINISTRATIVE JUDGES DO NOT UNDERSTAND RIF PROCEDURES ANY MORE THAN ANYONE ELSE.   ...   The agency has filed a petition for review of the initial decision, which found that it had improperly demoted the appellant without using required reduction in force (RIF) procedures.     ...     Here, it is undisputed that the agency made an undue disruption determination and that the appellant has been paid and provided benefits as a PS-4 Laborer Custodial at all times pertinent to this appeal. We further note that the Board has held that it cannot demand that an agency conduct a RIF as a final remedy.     Therefore, it would be improper for us to order the agency to conduct a RIF as interim relief.   ...   MSPB DECISION:   (.pdf)   (.html)

Apr 15, 2015  ...  VAOIG:  AS YOU DO UNTO OTHERS, WILL ALSO BE DONE UNTO YOU  ...  VAOIG HAS DETERMINED THAT ITS TIME FOR VA OIT CHIEF, STEPHEN WARREN, TO GO BYE BYE, TOO.  ...  DISPITE NUMEROUS WARNINGS, THE VA OIT CHIEF LEFT VA NETWORKS AS WIDE OPEN AS A CHEAP TRICK.   Mr. Warren knew as early as 2010 that there were “uninvited visitors” in VA’s network, one being China, who compromised or attacked it by taking advantage of “weak technical controls within the VA network.” Mr. Warren said that he took any potential incident or incident seriously; however, when he learned that VA contractor employees worked remotely from China and India, his only instructions were to cease the practice, as his focus was to determine what “the rules should be” rather than was there any compromise to any VA data. Had he and other OIT employees taken a more active approach, they would have found that at least one VA OIT employee and numerous VA contractor employees improperly accessed VA’s network from foreign countries on numerous occasions using both CAG and RESCUE-GFE, with one leaving the computer he used in China.    ...     Mr. Warren did not ensure that the instructions he gave Mr. Lowe and Mr. Gonzalez in his February 5, 2014, email for a “risk/impact analysis” were thoroughly completed. He asked them to determine what “level of risk was taken on by the VA and if there was a likely exposure of data,” yet the reports given to us appeared as though the VA-NSOC Digital Forensics Team conducted a very limited analysis and did not fully address the items outlined in Mr. Warren’s instructions. Due to the passage of time and with no access to the computer left in China, there was no way for us to determine what was contained on it or if it was still being used to remotely access VA’s network.   Summary  ...  Full Report

   Apr 14, 2015  ...  MSPB:  Carder v. Defense  ...   THE 2 STOOGES:   CLUELESS DECISION OFFICIAL; CLUELESS AGENCY LAWYER   ...   In March 2014, she notified the agency that she had been arrested for possession of marijuana and drug paraphernalia.      The agency proposed the appellant’s removal for illegal marijuana use and failure to comply with the drug-free workplace program.      The deciding official upheld the illegal marijuana use charge and mitigated the removal to a 15-day suspension.      The appellant appealed her suspension to the Board.      Without addressing the merits of the charged misconduct, the administrative judge cancelled the suspension.      The administrative judge found that the agency violated the appellant’s right to due process by failing to notify her that it would be considering some attendance issues as an aggravating factor in determining the appropriate penalty.      The agency has filed a petition for review. (Appeal)   ...   MSPB DECISION:   (.pdf)   (.html)

PERMERICA CONSIDERATIONS: Had the Proposed Removal been sustained, then the flawed "aggravation issue" (on which the case fell) would be relevant. However, the fact that the decision official mitigated the Proposed Removal down to a 15 day suspension should have rendered the "aggravation issue" as harmless.  ...  ON THE OTHER HAND: Since the decision official only sustained one of the two charges in the Propose Removal letter, maybe the MSPB AJ got it right after-all.   ...    ...   That said, this case might have fallen based on the actual charged misconduct.  ...    ...   FINALLY: Once the decision official decided to mitigate the Proposed Removal down to a Suspension, why did he intentionally place the action into MSPB jurisdiction with the 15 day suspension, when a 14 day suspension (outside MSPB jurisdiction) would suffice ?

   Apr 9, 2015  ...  MSPB:  Thompson v. Army  ...   PLAY CLOSE ATTENTION ... THIS DOD / OPM CONTRIVED "CONTRIBUTION-BASED" SCHEME WILL REPLACE THE CURRENT "PERFORMANCE BASED" SYSTEM .   ...   This is an Office of Personnel Management (OPM) demonstration project known as the “Contribution-based Compensation and Appraisal System” (CCAS). The intent is to implement a “contribution-based” appraisal system as opposed to the “performance-based” systems normally contemplated under 5 U.S.C. chapter 43.      Positions under CCAS are grouped into four “broadbands,” rather than assigned particular grades and steps as under the General Schedule.      Contribution is rated through “contribution scores” in each of the following critical factors: (1) Problem Solving, (2) Teamwork/Cooperation, (3) Customer Relations, (4) Leadership/Supervision, (5) Communication, and (6) Resource Management.      Each factor has multiple levels of increasing contribution corresponding to the broadband levels and contains descriptors for each respective level within the relevant career path.      Because CCAS is a contribution-based system, undercontributing employees are subjected to “contribution-based,” rather than “performance-based,” actions.  ...   MSPB DECISION:   (.pdf)   (.html)

   Apr 9, 2015  ...  MSPB:  Miller v. Justice  ...   I RAN THE US GOVERNMENT'S PRISON LABOR PROGRAM -UNTIL- I GOT CANNED FOR BLOWING THE WHISTLE.   ...   The appellant formerly held the position of Superintendent of Industries, GS-13, with the agency’s Federal Bureau of Prisons.      The appellant’s primary duty as Superintendent of Industries was to supervise the running of a UNICOR factory that produced helmets for the military.      UNICOR is the trade name for Federal Prison Industries, a government-owned corporation that employs inmates incarcerated in correctional facilities under the Federal Bureau of Prisons.      The appellant filed an appeal with the Board alleging that he was reassigned out of his position into a series of temporary assignments, and then finally to the position of Management Analyst, GS-13, in retaliation for whistleblowing activity, specifically, a verbal disclosure on October 7, 2009, and verbal and written disclosures on December 16, 2009, of gross mismanagement and the gross waste of funds in the factory’s operations.      After holding a hearing, the administrative judge issued an initial decision finding that the appellant had established by a preponderance of the evidence that he had made protected disclosures under 5 U.S.C. § 2302(b)(8) that were a contributing factor in the decision to reassign him, but the agency had established by clear and convincing evidence that it would have reassigned the appellant in the absence of his disclosures.      The appellant has filed a petition for review of the initial decision arguing that the administrative judge incorrectly found that the agency met its burden of proving by clear and convincing evidence that it would have reassigned him in the absence of his disclosures.  ...   MSPB DECISION:   (.pdf)   (.html)

   Apr 8, 2015  ...  5th Cir:  McMullin v. Mississippi  ...   WHO DOES A WHITE WOMAN HAVE TO ____ TO GET A PROMOTION ? ... THIS CASE WILL TAX YOUR BRAIN (if you have one)  ...   Lieutenant McMullin is white female; Colonel Berry is black male; and Master Sergeant Pack is black male.     Master Sergeant Pack was promoted to the position Director of Mississippi Highway Patrol’s Training Division (“HP Training Division”) promotion.

QUALIFICATIONS COMPARISON : ( It's clear that the writer favors the white female ) (very biased writer)
At the time of Master Sergeant Pack’s promotion, Lieutenant McMullin had twenty-five years of experience with the Department and had been a full- time, training coordinator and instructor for the MS Academy for six years (2006 to March 2012). Lieutenant McMullin spent approximately half of her career with the Department in training, including serving as a training officer and counselor in twelve patrol schools. Lieutenant McMullin had never been disciplined by the Department. The Department does not dispute that Lieutenant McMullin was qualified for the Director’s position.

(the biased writer understates Pack's qualifications -and- attempts to disqualify him based on expunged disciplinary incidents)
Master Sergeant Pack, by contrast, had a lower rank, seven fewer years of service with the Department, and served as training officer and counselor in four or five patrol schools. And, he had been fired twice while working for the Department and assigned to the Mississippi Bureau of Narcotics. Master Sergeant Pack was terminated first in October 1995 for having sex with a confidential informant. He was later reinstated because other officers who engaged in similar activity had not been terminated. He was again terminated in December 2001 for (1) seizing cash from a potential target without accounting for the seizure, (2) participating in sexually explicit behavior during a vacation in Florida, and (3) observing but not reporting illegal drug activity during that vacation. Subsequently, Master Sergeant Pack and the Department entered into a settlement which rescinded his second termination, restored him to the same rank and grade, and gave him full benefits and back pay.      (SOUNDS BAD UNTIL YOU "GO BACK" AND READ IT CAREFULLY ... both terminations were rescinded. = clean record)

Colonel Berry stated that he did not know that Master Sergeant Pack had been fired before he promoted him to the Director position, but Colonel Berry added that the prior terminations and misconduct would not have affected his decision to promote Master Sergeant Pack.   ...   COURT DECISION:   (.pdf)   (.html)

   Apr 7, 2015  ...  MSPB:  Zoe v. Parker v. Veterans   ...   VA REMOVED HER FOR PATIENT ABUSE AND VIOLATION OF EMPLOYEE/PATIENT BOUNDARIES   ...   The appellant was a GS-07 Social Work Associate with the Department of Veterans Affairs (VA) Medical Center.     The agency proposed her removal based on the following four charges: (1) violation of Medical Center policy, LD-19-09, patient abuse and employee/patient boundaries; (2) filing false reports/statements; (3) violation of VA Directive 6001; and (4) lack of candor.     After providing the appellant with an opportunity to respond, the deciding official issued a decision sustaining the proposed removal.     The appellant was removed from federal service.     The appellant filed an appeal contesting her removal.   ...   MSPB DECISION:   (.pdf)   (.html)

   Apr 6, 2015  ...  CAAF:  US (Army) v. Bennitt  ...   I DIDN'T KILL THAT GIRL, SHE KILLED HERSELF  ...   Army soldier, Timothy E. Bennitt’s sixteen-year-old girlfriend, LK, died of an overdose in Appellant’s barracks room sometime in the early morning hours of February 15.      In the first, Bennitt testified that around 1:00 a.m. or 1:30 a.m. on February 15, he picked up his girlfriend, LK, and her friend, TY, and brought them back to his room on base. He stated that around 1:45 a.m. he snorted an oxymorphone pill LK gave him; around 2:00 a.m. or 2:15 a.m., he left the room; he later returned and found LK and TY asleep; around 3:00 a.m., Appellant laid down with them and fell asleep; and at 4:30 a.m., he woke to find LK foaming at the mouth and pale.      A military judge sitting as a general court-martial convicted Appellant of four specifications of wrongful distribution of a controlled substance and three specifications of wrongful use of a controlled substance.      Contrary to Appellant’s plea, the military judge convicted Appellant of the involuntary manslaughter of LK. Appellant was sentenced to a reduction to the grade of E-1, forfeiture of all pay and allowances, confinement for a period of seventy months, and a dishonorable discharge.  ...   COURT DECISION:   (.pdf)   (.html)   ...   Original Decision

   Apr 3, 2015  ...  MSPB:  Hawes v. OPM  ...   THIS CASE IS A COMEDY OF INCOMPETENTS. IT IS UNCLEAR IF "OPM" OR THE "MSPB ADMINISTRATIVE JUDGE" IS THE MOST INCOMPETENT.  ...  EXAMPLE: On review, the appellant argues that the administrative judge erred by shifting the burden of proof for Charge 1 to the appellant.     We agree. The initial decision states, “the appellant presented no evidence on specifically what he was doing on these dates to establish that he was actually on duty or had properly recorded his time.”     It was not the appellant’s burden to disprove the charge. OPM had the burden of proving the charge by a preponderance of the evidence.   ...   DECISION:   (.pdf)   (.html)

   Apr 2, 2015  ...  NYCA:  New York  v. Brown & Thomas  ...   CASES LIKE THIS MAKE POLICE OFFICERS AND VICTIMS SAY  ...   " WTF ? "  ...   While sitting in an unmarked police van, the officers spotted defendants Brown and Thomas running down the middle of Broadway in Times Square, looking back over their shoulders as they ran. Officer Carey apprised his colleagues of Brown's identity. Sergeant Monahan recognized Thomas as someone who associated with people, other than Brown, who preyed on victims in the Times Square area.      The officers exited the van, called to defendants and both men stopped. Brown, who was out of breath, sat on the ground. Neither Brown nor Thomas was placed in handcuffs.      Sergeant Monahan contemporaneously located a robbery victim outside of the club where Officer Carey had seen Brown three hours earlier. After the victim identified both Brown and Thomas as the perpetrators, they were placed under arrest. The victim's Rolex and $185 in cash was recovered from Thomas.      Defendants thereafter moved to suppress the showup identification. After a suppression hearing where the court heard testimony from two of the police officers and the victim, Supreme Court denied the motion. A divided Appellate Division reversed, ordered suppression of the victim's out-of-court identification, and remanded for a new trial, holding that "[t]he fact that the officers observed defendant[s] . . . running does not elevate the level of suspicion"   ...   COURT DECISION:   (.pdf)   (.html)

   Apr 2, 2015  ...  ICA:  Mobley v. Indiana  ...   I'M A VICTIM OF ENTRAPMENT !  ---  NOT GUILTY OF "PATRONIZING A PROSTITUTE"  ---  WHAT PROSTITUTE ?  ...   Indianapolis Metropolitan Police Department Detective Tabatha McLemore was posing as a prostitute on East Washington Street in Indianapolis. Detective McLemore performs approximately 100 undercover investigations a year where she poses as a prostitute.      Around noon, Mobley drove slowly past Detective McLemore, staring at her “the whole time.”      Mobley then stopped his car in the middle of the next street near Detective McLemore. Detective McLemore walked up to Mobley and asked, “What’s up?”      In response, Mobley asked Detective McLemore, “How much?” State’s Detective McLemore told Mobley it would be “twenty for some head.”   ...     ...   COURT DECISION:   (.pdf)   (.html)

   Apr 2, 2015  ...  MSPB:  Lu v. Homeland  ...   MY SUSPENSION WAS RACIALLY MOTIVATED.   and   REMOVAL DECISION OFFICIAL DISCRIMINATED AGAINST ME.   ...   The appellant was employed by the agency as a Supervisory Transportation Security Officer. On January 24, 2014, the agency proposed the appellant’s removal for failure to follow standard operating procedures and failure to follow directions.      On March 21, 2014, the agency issued a decision removing the appellant.     The appellant filed the instant IRA appeal on September 11, 2014. In his initial appeal, the appellant alleged that the deciding official had retaliated and discriminated against him. He also alleged that his 2012 suspension was racially motivated.   ...   MSPB DECISION:   (.pdf)   (.html)

   Apr 1, 2015  ...  WSC:  Celina Apodaca v. Safeway  ...  MY ASSISTANT MANAGER CALLED ME A “FUCKIN[G] LIAR” IN FRONT OF TWO CO-WORKERS" On February 4, 2014, Ms. Apodaca filed a complaint alleging the following incidents occurred during her employment with Safeway:   (1) she did not receive a 90-day evaluation and pay increase;  (2) her work schedule was changed against her wishes; (3)  her assistant manager called her a “fuckin[g] liar” in front of two co-workers; (4)  a co-worker shoved her with the bathroom door while she was mopping the bathroom and called her a “fuck;” and  (5)  an unspecified person broke into her work locker.   COURT DECISION:  (.pdf)   (.html)

Mar 31, 2015  ...  VAOIG:  ADMINISTRATIVE INVESTIGATION, PROHIBITED PERSONNEL PRACTICE AND MISUSE OF VA TIME AND RESOURCES, VETERANS HEALTH ADMINISTRATION, CHIEF BUSINESS OFFICE PURCHASED CARE, DENVER, CO.   We substantiated that Ms. Cynthia Kindred, Deputy Chief Business Officer (DCBO) for Purchased Care (PC), engaged in a prohibited personnel practice when she gave preference in hiring to Mr. Roger Sigley, a former VA coworker and VA contractor employee. Ms. Kindred, to reach her favored candidate, created a program manager position, defined the scope and manner of competition through a misuse of a noncompetitive reinstatement authority for Federal status employees, and defined the requirements of the position by writing the position description (PD) while she possessed Mr. Sigley’s resume. To ensure the desired result, Ms. Kindred created a full time employee equivalency (FTE) and routed the position classification around the customary PC human resources (HR) path, after Mr. Sigley reached out to her and expressed a desire to return to VA..   Summary Report    Full Report

Mar 30, 2015  ...  VAOIG:  BACK IN THE OLD DAYS, VA HOSPITAL AND VETERAN BENEFITS REGIONAL OFFICE HEADS WERE UNTOUCHABLE KINGS & QUEENS NOW THEY ARE QUICK TO REPORT EVERYTHING TO THE VA OIG TO SAVE THEIR OWN HIDES.   Director of the Honolulu VA Regional Office (VARO) asked that the OIG to investigate allegations that a supervisor improperly removed controls from veteran's records and directed staff to disregard policy.   Summary Report    Full Report

Mar 27, 2015  ...  TECH:  Every Single Road In The U.S., In Mind-Boggling Detail.   The maps reflects the country's population density and topography.    Wash Post

Mar 25, 2015  ...  MSPB:  Heimer v. Veterans Affairs  ...   THE VA COMMITTED A FATAL ERROR: TRYING TO IMPLEMENT A "UNILATERAL" (ONE SIDED) PERFORMANCE BASED REMOVAL LAST CHANCE ABEYANCE   ...   PERMERICA SPEAKS:  When the removal decision official decided to give the employee another chance to prove that she could perform her duties satisfactory, he only had two clean options: (1) rescind the proposed removal and and place the employee on a new performance improvement plan (PIP) -or- (2) Issue a decision letter to remove the employee --then and only then-- offer the employee a last chance agreement. Instead, the deciding official entered into a last chance agreement without having issued a removal decision letter first. That was an error. A fatal error indeed. And an rookie mistake, ta boot.  ...  FINAL THOUGHT: Even after the error had been committed, an ER Expert could have easily spotted the shortcoming and stopped it from going over the cliff. Unfortunately, 95 percent of ER Specialists and agency lawyers are not sufficiently technically expert to spot or fix such obvious dangerous errors. A real shame. MSPB DECISION:   (.pdf)   (.html)

LINDA JONES  -  SIMPLY THE BEST, EVER:   Most music experts around the world generally agree that the Americans are the best singers in the world.      When asked who was their favorite singer, great American singers like Aretha Franklin, Gladys Knight, Patti LaBelle, and Luther Vandross named Linda Jones as the best ever.      Snillus Digital:   I agree. I am embarrassed to admit that the first time I heard Linda Jones sing, she made me cry. It was like I had heard an Angel sing. As a man, I was embarassed about my feelings but I felt good all the same. It's been many, many years since I first heard Linda Jones sing, and sometimes she still makes me cry. And over the years I've come to strongly believe that she was heaven sent.      A Strong Professional:   When American singer, Linda Jones, died at the young age of 27, she had been a singing professional for over 21 years.      A Baby Called To Sing For The Lord:  Before she could talk, baby Linda Jones was singing for the lord. Her family was steeped in gospel music, and at the age of six she began performing with her siblings in a sacred group, the Jones Singers. Audiences were mesmerized by the depth and beauty of the young Linda's voice. (Angel)      A Music Critic Speaks:   Linda Jones talent often defies mere words. Rashod Ollison, The Virginian-Pilot's music and entertainment writer, put it like this " ... whereas many of those gospel-bred vocalists tempered the sanctified elements when they went pop, Linda didn’t change one fiery note. Every song she sang pulsed and ached with a ferocity that never let up. Her thunderous wails sometimes caused distortion on the microphone. She exploited her wide range, the notes soaring, spiraling, leaping, whirling, and exploding. Listening to Linda is always a visceral experience; it can be thrilling, and it can be exhausting. Either way, it’s impossible not to feel something. "     Snillus Digital:   As a professional music and video editor, I spend a lot of time listening to and editing American music recorded over the past 50 to 60 years. The O'Jays 1967 hit song "I'll Be Sweeter Tomorrow (Than I was yesterday)" has always been one of my favorite songs of all times. I ranked it a 10 out of 10. The prison singing group "The Escorts" 1973 version also ranks high, but the O'Jays still ruled. I ranked The Escorts version as a 9 out of 10.      Then one day Linda Jones stepped to the mike. She eased into the song and quickly made it her own. With Linda still easing into the song, I could hear the sweet, rich multi-textured notes bouncing, rolling, floating, souring through the air. The O'Jays now flat black and white notes were brought to millions of brilliant colors as Linda continued easing into the song. The multi-textured notes were blowing my mind and Linda hadn't even broken a sweat. With a spiritually-infused voice and and range of an Angel, she stole my heart. By the time she sang "You Call Me You Sugar And Spice Girl, Your Everything Nice Girl" I was all hers, and enjoying the beautiful ride. What a wonderful ride. It was like I was hearing the song for the first time. By the time the song ended Linda Jones had DESTROYED / SMOKED / OBLITERATED / ANNIHILATED / WIPED OUT the O'Jays beyond recognition. And yes, she was much, much, much sweeter. And, all I could do was to bow down ... Bow Down.      This Strong Woman Fought All Her Life:   For over 21 years, Linda fought her way through many, many, many promises, challenges and setbacks in the sexist and racist musical industry. And just as she was on the verge of a breakthrough, her life was suddenly cut.     Miss Linda Jones Final Performance:   After completing a National Tour in early 1972, Miss Linda Jones returned to New York. On March 14, 1972, Linda Jones performed the afternoon matinee at New York City's Apollo Theater in Harlem. She went to her mother's home to rest before performing the evening show at the Apollo Theater. While sleeping, she slipped into a diabetic coma and died. Called Back Home at just 27 years old.      Snillus Digital:   In my humble opinion, Linda Jones is the best singer (man or woman) to ever grace a microphone.       Thank You Linda.      (CREDIT:   Much of the information above was gathered from numerous websites, comments, reviews across the internet.)    So many people love Linda Jones.

   Mar 24, 2015   ...   MSPB:  Shahin v. Geithner  ...   THE IRS DECIDED TO PUT "SANCTIONS" ON MY PROMOTION, BECAUSE I WAS BORN IN UKRAINE AND SPEAK RUSSIAN.   ...   Plaintiff is a female citizen of the United States, who “was born raised and educated in Ukraine (and speaks Russian), and who at all times relevant to the complaint was more than 40 years of age.      In February 2009, the plaintiff applied for the IRS posted Vacancy Announcement for the position of Supervisory Tax Analyst [...] in Washington, DC. A Supervisory Tax Analyst is “a first level supervisor with managerial responsibilities and authorities [...] .      Generally, she alleges that she applied, but was not selected, for the Supervisory Tax Analyst position with the Internal Revenue Service (“IRS”) because of her national origin (Russian speaking Ukrainian), sex, and age.      She brings this action under Title VII of the Civil Rights Act of 1964 (“Title VII”) and the Age Discrimination in Employment Act of 1967 (“ADEA”).   ...   MSPB DECISION:    (.pdf)   (.html)

   Mar 23, 2015  ...  NSC:  State v. Cook  ...   I SWEAR ON A BIBLE, I DID NOT HAVE SEX AND KILL NOBODY !  ...   On April 29, 2000, Amy Stahlecker’s body was found on the banks of the Elkhorn River near the intersection of Highway 275 and West Maple Road in Douglas County, Nebraska. Witnesses last saw Stahlecker alive around 1 a.m. on April 29, when she left Omaha to drive back to Fremont, Nebraska. The white Ford Explorer Stahlecker was driving was found with a blown tire on the side of Highway 275.      Stahlecker’s body was found underneath a bridge that was a part of West Maple Road. Stahlecker had been shot multiple times, including once to the back of the head and twice to the face. An autopsy revealed multiple contusions and abrasions on Stahlecker’s body. The autopsy also found semen in the vaginal area, but no specific evidence of sexual assault. DNA testing of the semen revealed that it was consistent with Cook’s DNA.      On May 2, 2000, Michael Hornbacher, a friend of Cook, contacted a Washington County deputy sheriff and told him that Cook had confessed to Hornbacher that Cook killed Stahlecker.  ...   COURT DECISION:   (.pdf)   (.html)

   Mar 23, 2015  ...  MSPB:  Jeanmarie v. Air Force  ...   BECAUSE THE MILITARY GAVE ME A JOB WHEN I WAS UNEMPLOYED, I FEEL LIKE I SHOULD BE TREATED BETTER THAN OTHERS FOR THE REST OF MY LIFE.   ...   The appellant applied for and was tentatively offered a position as a Firefighter with the agency.      After reviewing the appellant’s responses on the Office of Personnel Management’s (OPM’s) Optional Form (OF) 306 (Declaration for Federal Employment), the agency withdrew its tentative offer of employment due to suitability issues identified in the appellant’s responses.      The appellant appealed to the Board alleging that the agency failed to provide him with due process, including notice and an opportunity to respond, before the tentative job offer was withdrawn, and that the agency may have committed harmful procedural error.      The appeal also alleged that the withdrawal of the tentative job offer may have been prohibited by USERRA as a denial of retention in employment.   ...   MSPB DECISION:   (.pdf)   (.html)

   Mar 23, 2015  ...  MSPB:  Young v. Army  ...  REMOVED ON THE CHARGE OF CONDUCT UNBECOMING A FEDERAL EMPLOYEE, INCLUDING SEXUAL HARASSMENT.   ...   The appellant worked as a vocational nurse for the agency’s Brooke Army Medical Center at Fort Sam Houston, Texas. In December 2012, two medical center employees made complaints to supervisors regarding the appellant’s behavior. The agency placed the appellant on administrative leave while it conducted an investigation into the employees’ allegations. The agency’s investigator concluded upon completion of multiple interviews of medical center employees that the appellant engaged in inappropriate behavior and sexual harassment based on agency regulations.      Based upon the results of the investigation, the agency proposed to remove the appellant for the charge of conduct unbecoming a federal employee. The charge included four specifications, one for each incident included in the complaints by the two employees that were the subject of the agency’s investigation.   ...  The deciding official directed the appellant’s removal.      The appellant initiated a Board appeal challenging his removal and requested a hearing. In addition, the appellant alleged that his due process rights were violated during the removal process.   ...   MSPB DECISION:   (.pdf)   (.html)

   Mar 19, 2015  ...  Cal. Ct. App. :  City of Glendale v. Marcus Cable  ...   IT TAKES A FOOL TO LEARN:   ...   DON'T "F " WITH THE CABLE MAN !  ...   This action arose from a dispute between Glendale and Charter over whether Charter, as Glendale’s cable service provider, could realign Glendale’s public, educational, and government (PEG) channel numbers without Glendale’s consent.      Glendale initiated the litigation by filing a complaint and a request for a temporary restraining order preventing Charter from realigning its PEG channel numbers.      In its operative cross-complaint, Charter sought declarations that it had no obligation to provide Glendale with (a) free video programming and (b) cable modem services or (c) with free institutional network (I-Net) services;      it was entitled to recover possession and control of the I-Net and damages for wrongful possession and detention of the I-Net;      it had the right to realign Glendale’s PEG channel numbers; Glendale was unlawfully using PEG access fees;      and it had a right to offset past PEG access fee overpayments against future franchise fee payments.   ...   COURT DECISION:   (.pdf)   (.html)

   Mar 19, 2015  ...  SCNJ:  State v. Sumulikoski / Sopel  ...   HAVING SEX WITH THREE 17 YEAR OLD GIRLS      STAYS IN GERMANY      RIGHT ???     Defendants Michael Sumulikoski and Artur Sopel were the only chaperones who accompanied the group to Germany. Both worked at Paramus Catholic High School. Sumulikoski, who was twenty-eight years old at the time, was a permanent substitute teacher and an athletic coach. Sopel, then age thirty-one, was the vice president of operations. Both agreed to serve as chaperones. At oral argument, the State represented in general that both had conversations and signed documents that spelled out their responsibilities as chaperones.      A week after the trip ended, a teacher contacted the Division of Youth and Family Services1 and reported that sexual misconduct had occurred between the chaperones and students during the trip. An investigation followed. It uncovered evidence that the chaperones engaged in acts of sexual misconduct with three seventeen-year-old students, Jill, Kate, and Anne. (We use pseudonyms to protect the identity of the victims, who were underage at the time.)
     Each of the victims spoke with a sergeant from the prosecutor’s office on one or more occasions.      They recounted a number of events that took place during the trip.      We focus briefly on the acts of sexual misconduct in Germany, which form the basis for the indictment.      Jill stated that she and Sumulikoski performed oral sex on each other and had sexual intercourse.      Kate recounted that Sopel inserted his finger into her vagina and had sexual intercourse with her. Anne stated that Sopel put his finger in her vagina and had sexual intercourse with her on two different occasions.      Jill and Kate also relayed that Sopel spoke with each of them about what to say to the authorities.      A Bergen County Grand Jury indicted defendants.   ...   COURT DECISION:   (.pdf)   (.html)

   Mar 17, 2015  ...  10th Cir:  EEOC v. Beverage Distributors Company  ...   WAS HIS BLINDNESS A SAFETY CONCERN -OR- WAS IT DISCRIMINATION ?  ...   This case involves a claim of employment discrimination. Mr. Michael Sungaila, who is legally blind, worked for Beverage Distributors Company. When his position was eliminated, Mr. Sungaila obtained a higher-paying job in the company’s warehouse. But, Mr. Sungaila’s employment was conditioned on passing a physical examination.      Mr. Sungaila passed the physical. But, the examining doctor stated that Mr. Sungaila would require workplace accommodations to mitigate the risks from his impaired vision. Beverage Distributors concluded that it could not reasonably accommodate Mr. Sungaila’s condition and rescinded the offer of a job in the warehouse. Shortly thereafter, Mr. Sungaila found a lower-paying position with another company.      Mr. Sungaila filed a discrimination claim with the Equal Employment Opportunity Commission, which then sued Beverage Distributors on Mr. Sungaila’s behalf under the Americans with Disabilities Act.   ...   COURT DECISION:   (.pdf)   (.html)