A decision of the Merit Systems Protection Board (Board) affirming the Social Security Administration's removal of petitioner for his participation in an income tax fraud sponsored by another Social Security employee is affirmed as to a conclusion that the Social Security established the charge against the petitioner. However, the decision is vacated and remanded to the extent it upheld the penalty of removal as neither the record before the Board nor its findings and conclusions were adequate to enable the circuit court to evaluate and adjudicate the issue of whether petitioner was treated discriminatorily because Social Security removed him but re-employed the other employee.
Appeal from: Merit Systems Protections Board
Decided November 9, 2009
Opinion by: Friedman, District Judge
For Appellant: Phillip R. Kete, American Federation of Government Employees Local 1923.
For Appellee: Jacob A. Schunk, Commercial Litigation Branch, Civil Division, US Department of Justice, Michael F. Hertz, Acting Assistant Attorney General, Jeanne E. Davidson, Patricia M. McCarthy, Maame A.F. Ewusi-Mensah.