Eureka, I found it! I feel so relieved. It has been a while since I’ve had a great humorous story to convey. While I was inputting the 2nd quarter FY 2008 MSPB statistics, there it was — the Merit Systems Protection Board (MSPB) doodoo story.
Within this dehumanizing culture of federal service, GS status and coercion conveys credibility. The higher the rank of the person making the statement, the more credible. The more people making statements, the more credible. And if you can get the administrative judge to agree — well, then you’ve got it in the bag.
So, there’s this DOI plumber at Lake Mead who gets accused of producing the brown matter contained in a neatly folded napkin found in the restroom. Several months later, he get accused of smearing doodoo on the toilet paper dispenser. The burden of proof is on the agency, which has to prove by a preponderance of the evidence, that the substance of the charge is more likely than not. But how could it not be? After all, six people got together to discuss this mystery ka-ka. My favorite quote, “[Ms. Carolyn Steward] was curious about what was in the neatly folded paper towel so she retrieved the paper towel from the trash and put it in a Ziploc bag.” Yuck! Who takes a piece of doodoo out of the trash to inspect it? And can you imagine, “in the efficiency of government service,” there’s a bunch of highly-paid civil servants handling doodoo, rather than flushing it down the toilet where it belongs?
Anyhow, long story short, on the first instance of being confronted with these charges, guy gets canned, even with no direct evidence linking him to the fecal matter. According to the administrative judge, this story is credible and the punishment just, even with the burden of proof on the agency. I feel sorry for the attorney who represented this client. He’s probably still shaking his head over the doodoo case. So that you can see it for yourself, I’ve printed it here in PDF.*
I swear, I just report it as it is. (On the bright side, thank you MSPB, for printing the names of all these fecal experts. Once they get their government retirements, perhaps there’s a new specialty career awaiting them elsewhere.)
* UPDATE: As of 11/15/08, the PDF now includes the appellant’s name. Originally, I wanted to protect his identity. However, after speaking with him several times, I am convinced that in pursuit of good government, he is willing to come forward and speak out about what happened to him. Despite the injustice that was committed here, he does want to return to serve the public. This case is currently in the Circuit Court of Appeals, and we hope it will be remanded back to MSPB for an accurate decision.
19 users commented in " The MSPB Doodoo Case "
Follow-up comment rss or Leave a TrackbackNo….you’ve got to be kidding. Where did you dig this up (no pun intended)? You mean to tell me an employee allegedly timed how long an individual was in a bathroom?
Any DNA analysis?
[...] because they have no recourse to blow the whistle on malfeasance by superiors. In a recent posting Yee focused on the case of a plumber at a Department of the Interior facility near Lake Mead [...]
[...] was wondering when you would be visiting. The link you’re looking for can be found here. I hope you’ll be as compelled by the ”expert” testimony of Department of [...]
I actually know this young man and worked directly with him at Hoover Dam. He is one of the most qualified and hardest working plumbers that I have ever seen. I speak for everyone at Hoover Dam, Department of the Interior that this had to be a case of total jealousy or Poopoo. This kind of treatment of workers has to be stopped!
I’m more appalled at the attorney examiner’s response. Can you believe this so-called administrative judge (AJ) sustained the agency’s termination?
What kind of credible witness takes doodoo out of the restroom trash and shares it with coworkers while claiming it belongs to someone else?
And — taking this AJ’s position — do all Park Service employees participate in sharing doodoo before disposing of it? Most normal coworkers just share photos of their kids or vacation.
Dpotter, to continue commenting on your observation, I concur with your assessment that this wasn’t about poo. I did a little investigative sleuthing, and reached the same conclusion you did. It was about a worker who did his job too well and was punished — and in the most twisted way!
Normally, I would not publish a document with the names of people who are secondary victims, but in this case, anyone pliable enough to testify that “I smelled the doodoo” deserves to be outed. (There’s an even more ludicrous account of the “I smelled the poo” testimony that didn’t get recorded on the initial decision. It boggles the mind what terrified employees will say in order to save their own hides.)
It’s a testament to the fact that in the federal government, if they want to fire you they can, for no cause at all. Taxpayers everywhere should mourn competence punished by management trying to keep standards low.
I too, know this young man. He was a former student of mine. After serving four years for his country in the guard, he has stayed in touch with me. He has a very strong work ethic, donates his time to assist a local soccer league, and is a devoted husband and father. It is a shame that we have individuals within our federal government that can allow the termination of such a quality person.
Their stupidity is my gain. I hired him despite knowing his whole story with this bunch of goofs. A good example of how you are not rewarded for doing a job well in the government. I am sure there are a lot of vice versa, but this is one we all see way too often!
Government jobs (nice!). Who gets canned? Is this really necessary for your gains? Whatever happened to ” my gosh let’s clean this up before anyone else sees it !”
I know this man for many years. My husband and I had always relied on his work and integrity. Why blame the guy who’s worked so hard for a living to earn his standard, his wages and to support his family. I believe of his innocence.
Appellant, v. Department of
the Interior, Agency
U.S. Merit Systems Protection Board
May 2, 2008
Judge / Administrative Officer
Neil A. G. McPhie
Judge / Administrative Officer
Mary M. Rose
Full Text
APPEARANCES:
Richard Segerblom, Esquire, Las Vegas,
Nevada, for the appellant.
Karen D. Glasgow, Esquire, Oakland, California,
for the agency.
Final Order
The appellant has filed a petition for review in
this case asking us to reconsider the initial decision
issued by the administrative judge. We grant petitions
such as this one only when significant new evidence
is presented to us that was not available for
consideration earlier or when the administrative judge
made an error interpreting a law or regulation. The
regulation that establishes this standard of review is
found in Title 5 of the Code of Federal Regulations,
section 1201.115 (5 C.F.R. § 1201.115).
After fully considering the filings in this appeal,
we conclude that there is no new, previously
unavailable, evidence and that the administrative
judge made no error in law or regulation that affects
the outcome. 5 C.F.R. § 1201.115(d). Therefore, we
DENY the petition for review. The initial decision of
the administrative judge is final. This is the Board’s
final decision in this matter. 5 C.F.R. § 1201.113.
I happen to know this guy personally. I am completely amazed that the work of a a few people would be enough to seal a case of this kind without having the proof of DNA. I still can’t believe it. If this is what our taxes are paying for, I need to get a job with these poopyheads !!!!!!
i know this man personally,it is crazy what these people will go through to get a honest person fired.it was deffinitely their loss.this man is one of the hardest working guy i know.it is a sad situation.
[...] weeks ago. For those who wondered: she was the also the civil servant who ruled in the ludicrous doodoo case. Needless to say, you know what the outcome of this hearing was. Essentially, Anderson threw [...]
Are you kidding me???? I would be ashamed to say I had anything to do with this! I, too, know this man and am appalled that these federal emoplyee are so insecure about their skills that they have to get rid of someone with the work ethics of this man. Again a fine example of how well our federal government works! NOT!!!!
Just your typical case of government malfeces and gross mismanagement.
why is this story not on FOX, Youtube, and everychat room. The govt employees are wrong and this man needs to be defended.
I hope those who know how to get this on You tube will.
[...] The Doodoo Case goes to Circuit Court Posted in February 10th, 2009 by Charlotte in Absurd, Accountability, Current Events, Federal Employee Law & Courts Remember the doodoo case? [...]
[...] San Francisco MSPB: Your Pick of Ill-Suited Administrative Judges Posted in September 27th, 2009 by Charlotte in Absurd, MSPB Statistics, Whistleblowers, Working Conditions I’ve had these stories on the back burner for a long time. Readers are sending me gems. All the while, others are screaming, “Tell me more! I need to hear more crazy Merit Systems Protection Board (MSPB) stories like the one about the credible — according to MSPB at least — witness from the National Park Service who c… [...]
[...] Can you imagine what might happen if you had the audacity (and stupidity) to ask for this certification? Well, that’s the next part of the legislation. Under the new legislation, MSPB can issue summary judgment. Summary judgment is a decision in favor of one party, where there are no disputes of material fact that can affect the outcome of the decision. That is, where the only questions pending are questions of law. Here, we have this court which, when not throwing out half of the cases brought before it, renders decisions in favor of the agency at a rate seven times greater than it does for the employee. And you’re going to trust it to properly dispose of a case based on FACT? Lest you forget, this is the court that declared a doodoo-toting, feces-sharing employee CREDIBLE. [...]
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