A decision of the Merit Systems Protection Board holding that the INS's non-selection of petitioner for any of the law enforcement position for which she applied is not a violation of a Negotiated Settlement and Last Chance Agreement (NSLCA) is affirmed as the NSLCA does not require the agency to ignore petitioner's history of her arrest for obtaining money under false pretenses, and "good faith" does not require pretending that this history does not exist.
Appealed from: Merit Systems Protections Board
Decided January 6, 2010
Opinion by Newman, Circuit Judge
For Appellant: Thomas G. Roth, Law Offices of Thomas G. Roth
For Appellee: Michael N. O'Connell, US Department of Justice, Commercial Litigaiton Branch