George F. Metz v. Department of the Treasury, Federal Law Enforcement Training Center

EDWARD S. SMITH, Circuit Judge.

In this Government employee case, the Merit Systems Protection Board (board) sustained the Department of the Treasury’s (agency) decision to remove George F. Metz (Metz) from his position as an instructor at the Federal Law Enforcement Training Center (FLETC). In sustaining *1002Metz’ removal for threatening to kill his superiors, the board reversed the initial decision of its presiding official, which decision substituted a suspension for the agency’s removal. We reverse.

Issues

We address two issues on appeal. First, we decide if the board used the correct legal…