Stone v. Federal Deposit Insurance Corporation case brief

Stone v. Federal Deposit Insurance Corporation case brief summary
179 F.3d 1368 (1999)

CASE SYNOPSIS

Petitioner challenged a final decision of the Merit Systems Protection Board, which affirmed the administrative judge's decision sustaining petitioner's removal from his position as a bank examiner.

CASE FACTS

Removal proceedings were commenced after petitioner bank examiner admitted signing physician signatures to four leave request forms. The deciding official recommended his removal. During an appeal to the review board, petitioner requested the documents upon which his removal was based, and discovered an ex parte memorandum from the recommending official to the deciding official urging his removal. Petitioner appealed the board's affirmation, contending that harmful error resulted in the removal proceeding based upon the ex parte communication.

DISCUSSION

• In reversing and remanding, the court concluded that, because petitioner had a property interest in his continued employment, he was entitled by the Due Process Clause to meaningful notice of the reasons for his removal and a meaningful opportunity to respond. 
• Because of the ex parte contact, his procedural due process rights might have been undermined. 
• The order was thus vacated and the matter remanded for a determination as to whether the ex parte communication undermined petitioner's due process right to meaningful notice and an opportunity to be heard.

OUTCOME
The decision affirming petitioner's removal was vacated and the matter remanded for a determination as to whether petitioner's due process rights were violated, as an ex parte communication might have undermined petitioner's right to meaningful notice of the reasons for his removal and a meaningful opportunity to respond.



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