Janice R. Lachance, Director, Office of Personnel Management v. Larry Devall, and Merit Systems Protection Board
Court of Appeals for the Federal Circuit
1Opinion of the Court
CLEVENGER, Circuit Judge.
Based on charges brought against him, the Navy removed Larry Devall from his government position. On appeal to the Merit Systems Protection Board (“Board”), the Board sustained some but not all of the charges, and independently determined a lesser penalty. The Office of Personnel Management (“OPM”) petitions for review, contending that, under the Civil Service Reform Act (“CSRA” or “Reform Act”), the Board does not have such independent authority to set penalties. We agree with OPM, and vacate the Board’s decision. The case is remanded to the Board, but with different…
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