Eloise Fomby-Denson v. Department of the Army

DYK, Circuit Judge.

This case presents the question of whether a settlement agreement bars the United States from making criminal referrals of the federal employee’s conduct underlying the settlement agreement. We hold that such a construction of the settlement agreement would render the agreement unenforceable as a matter of public policy, and that the agreement should accordingly be construed to permit the referrals. We thus affirm, albeit on different grounds, the Merit Systems Protection Board’s decision in Fomby-Denson v. Department of the Army, No. DC-0752-97-0940-C-1, 84 M.S.P.R. 618…