Sammie D. Felton v. Equal Employment Opportunity Commission

820 F.2d 391, 1987 U.S. App. LEXIS 292
CourtCourt of Appeals for the Federal Circuit
DecidedMay 29, 1987
DocketAppeal 87-3065
StatusPublished
Cited by7 cases

This text of 820 F.2d 391 (Sammie D. Felton v. Equal Employment Opportunity Commission) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sammie D. Felton v. Equal Employment Opportunity Commission, 820 F.2d 391, 1987 U.S. App. LEXIS 292 (Fed. Cir. 1987).

Opinions

BISSELL, Circuit Judge.

Sammie D. Felton (Felton) appeals from the final decision of the Merit Systems Protection Board (Board), Docket No. SL07528610052, 31 M.S.P.R. 481, sustaining her suspension for 30 days from a position with the Equal Employment Opportunity Commission (agency) on the basis that she had authorized a clerical employee to use a government-owned car for nonofficial purposes in violation of 31 U.S.C. § 1349(b) (1982). We reverse.

BACKGROUND

The undisputed facts concerning an incident on June 12, 1984, which gave rise to the adverse action at issue, are:

[0]n that morning, Ms. Mitchell, a Clerk-Typist in the Louisville Area Office in June, 1984, was on her way to work in her personal vehicle when it broke down on the expressway. She was picked up by an acquaintance and dropped off at her office____ [She] called a car dealership to have her car towed to be repaired. She then telephoned her supervisor, Ms. Felton, who was the Acting Area Office Director at that particular time. This occurred between 7:00 and 7:30 a.m., pri- or to the 8:00 a.m. regular starting time for the office.
Ms. Mitchell asked Ms. Felton if she could utilize the government vehicle used by the Louisville Area Office in order to go back to her vehicle on the expressway and secure it. Ms. Felton ... initially ... misunderstood Ms. Mitchell, and thought Ms. Mitchell wanted to take the government car to her home. She ... advised Ms. Mitchell that it was improper to do so. At that point, Ms. Mitchell explained she was not going to her home, but just going to secure her personal vehicle which had broken down on the expressway____ [Although [Felton] normally considered such a request inappropriate, she believed that in order to make it more convenient for the office to have its only typist available to work, it would be to the government’s benefit to allow Ms. Mitchell to utilize the government vehicle. Hence, Ms. Felton admitted she authorized Ms. Mitchell to utilize the car. Ms. Mitchell ... took the government car and started toward the expressway when it also broke down. At that point, she called for assistance to get the government car towed and she also was picked up by an acquaintance who took her to her personal vehicle on the expressway.

Initial Decision at 2-3.

As a result of this incident, the agency charged Felton with “willful authorization of the use of a government vehicle for other than official purposes in violation of agency regulations, General Services Administration (GSA) regulations, and 31 U.S.C. § 638(c)(2),”

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Cite This Page — Counsel Stack

Bluebook (online)
820 F.2d 391, 1987 U.S. App. LEXIS 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sammie-d-felton-v-equal-employment-opportunity-commission-cafc-1987.