The three-member Merit Systems Protection Board (MSPB) under the new leadership of Susan Tsui Grundmann is doing its best despite the fact that it has one of the toughest jobs around. The Board is tasked with changing governmental culture not only at its own agency, but in all federal agencies.
Yesterday, MSPB AJ Franklin Kang proved that just as a leopard doesn’t change its spots, even with new leadership, a skunk doesn’t change its odor. To refresh your memory, Franklin Kang in FY 2008 found for the appellant (federal employee) a whopping zero times out of 68. Well, he hasn’t changed much in FY 2009. He not only upheld the Department of Homeland Security’s decision to terminate former Federal Air Marshal Robert MacLean, he also decided to adjectivize his ruling. You know, adjectivize. That’s where MSPB makes up some ridiculous statement intended to impugn the credibility of the appellant. You can read more about it here.
The saddest part about this whole stinking affair is that our governmental watchdogs were quietly working behind the scenes to negotiate a settlement for Maclean when Kang dropped his decision on them. I don’t think it was coincidence. I think Kang still thinks he works for DHS and every other agency that appears before him.
We have a long road ahead of us. MSPB may be moving in the right direction, but will it be effective in righting the past? To read more on the MacLean ruling, CNN has posted a short article here.
3 users commented in " MSPB: A Skunk Doesn’t Change its Odor Overnight "
Follow-up comment rss or Leave a TrackbackIn FY 2007 and using the same criteria as FY 2008, Kang found FOR the employee in ZERO of 71 cases — a perfect two-year record of NO decisions in favor of the appellant.
Readers can find the original data files provided by MSPB in its FOIA grant here, at this link:
http://www.civilservicechange.org/mspbstatistics/MSPB_foiagrant_CB10-80.zip
(They’re also posted through the MSPB stats tab at the top of the page)
I attended Robert MacLean’s hearing with him and even Tom Devine was confident in the testimony provided by Robert, as well his own oral arguments in winning the day for Robert.
It is disgusting that the politicians who defended Robert’s actions in 2003 have now all run for political cover.
Judge Kang’s ruling is a good definition of a ‘travesty of justice’ and sends a chilling signal to other would-be federal air transportation whistleblowers out there…”If you open your mouth regarding aviation safety/security frailties, your government will close it for you…and you will become permanently unemployed and perhaps destitute with nowhere else to turn.” Stand by, Judge Kang…cuz here we come in force.
For same for shame..A little honesty would be nice. here are the facts
Kang, Franklin M.
Dismissed With Prejudice 32 47.1%
Dismissed Without Prejudice 10 14.7%
For Agency 16 23.5%
For Employee Appellant 0.0%
Settled 10 14.7%
TOTAL 68
how can you honestly say a settlement or dismissal without prejudice is ruling against the employee?
DISMISSED WITH PREJUDICE / declared outside of MSPB’s decision-making role.
Categories include: Cancel or failure to prosecute, Jurisdiction or res judicata,
Timeliness, Withdrawn by Appellant, (Action) Terminated
given this definiton of dismissed with prejudice how can you say without looking at the individual facsts of the case that this equates to a ruling against the employee.
protecting the people starts with being honest.
Leave A Reply