Slattery v. Dep't of Justice, No. 09-3095

A decision of the Merit Systems Protection Board holding that the INS's non-selection of petitioner for any of the law enforcement position for which she applied is not a violation of a Negotiated Settlement and Last Chance Agreement (NSLCA) is affirmed as the NSLCA does not require the agency to ignore petitioner's history of her arrest for obtaining money under false pretenses, and "good faith" does not require pretending that this history does not exist.     

Read Slattery v. Dep't of Justice, No. 09-3095

Appellate Information

Appealed from: Merit Systems Protections Board

Decided January 6, 2010

Judges

Before:  Michel, Chief Judge, Newman and Dyk, Circuit Judges

Opinion by Newman, Circuit Judge

Counsel

For Appellant:  Thomas G. Roth, Law Offices of Thomas G. Roth

For Appellee:   Michael N. O'Connell, US Department of Justice, Commercial Litigaiton Branch