Kimm v. Department of
Treasury case brief
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61 F.3d 888 (Fed. Cir.
1995)
CASE SYNOPSIS: Petitioner
federal employee sought review of the final decision of the Merit
Systems Protection Board, which reversed the initial decision of the
Administrative Judge and sustained his thirty day suspension from his
position with the respondent Department of the Treasury
(agency).
FACTS: The employee was suspended for willfully using a government-owned vehicle (GOV) for other than official purposes in violation of 31 U.S.C.S. § 1349(b). The administrative judge (AJ) reversed the agency's action, holding that the agency failed to prove by preponderant evidence that the employee willfully used his GOV for other than official reasons. The agency petitioned the full board for review of the decision and the board reversed sustaining the suspension. The employee petitioned the court of appeals for review of the board's decision. In order for the action to have constituted a willful use for a nonofficial purpose within the meaning of the act, the employee must have had actual knowledge that the use would be characterized as nonofficial or have acted in reckless disregard as to whether the use was for nonofficial purposes. The court of appeals reversed the judgment because there was no evidence to support a finding that the employee knew or should have known that the use of the vehicle in the circumstances of the case would be held to constitute use for a nonofficial purpose or that he acted in reckless disregard for whether the use was or was not for an official purpose.
CONCLUSION: The court of appeals reversed the judgment of the board. It held that there was no evidence to support a finding that employee knew or should have known that the use of the vehicle in the circumstances of the case would be held to constitute use for a nonofficial purpose.
FACTS: The employee was suspended for willfully using a government-owned vehicle (GOV) for other than official purposes in violation of 31 U.S.C.S. § 1349(b). The administrative judge (AJ) reversed the agency's action, holding that the agency failed to prove by preponderant evidence that the employee willfully used his GOV for other than official reasons. The agency petitioned the full board for review of the decision and the board reversed sustaining the suspension. The employee petitioned the court of appeals for review of the board's decision. In order for the action to have constituted a willful use for a nonofficial purpose within the meaning of the act, the employee must have had actual knowledge that the use would be characterized as nonofficial or have acted in reckless disregard as to whether the use was for nonofficial purposes. The court of appeals reversed the judgment because there was no evidence to support a finding that the employee knew or should have known that the use of the vehicle in the circumstances of the case would be held to constitute use for a nonofficial purpose or that he acted in reckless disregard for whether the use was or was not for an official purpose.
CONCLUSION: The court of appeals reversed the judgment of the board. It held that there was no evidence to support a finding that employee knew or should have known that the use of the vehicle in the circumstances of the case would be held to constitute use for a nonofficial purpose.
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