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STALANS v. NATIONAL SECURITY AGENCY

No. 81-1493.

678 F.2d 482 (1982)

Kenneth H. STALANS, Petitioner, v. NATIONAL SECURITY AGENCY, Respondent, Merit Systems Protection Board, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided March 18, 1982.

Attorney(s) appearing for the Case

Donald Feige, Towson, Md., Richard J. Reinhardt, Baltimore, Md., for petitioner.

Vieto T. Potenza, National Sec. Agency, Washington, D. C. (J. Frederick Motz, U. S. Atty., Paul R. Kramer, Deputy U. S. Atty., Baltimore, Md., William J. Hamill, Asst. Gen. Counsel, Personnel and Sec., National Sec. Agency; Jay L. Cohen, Capt. USAF, National Sec. Agency on brief), for respondent.

Mary M. Jennings, Merit Systems Protection Bd. (Evangeline W. Swift, Gen. Counsel, Jane M. Edmisten, Deputy Gen. Counsel, Washington, D. C., Calvin M. Morrow, Merit Systems Protection Bd. on brief), for intervenor.

Before HAYNSWORTH, Senior Circuit Judge, and MURNAGHAN and ERVIN, Circuit Judges.

MURNAGHAN, Circuit Judge:

The Merit Systems Protection Board (reversing a decision by the Presiding Official of the Washington, D. C. Field Office of the Board) found that behavior of Kenneth H. Stalans was such that his discharge would promote the efficiency of the service. See 5 U.S.C. § 7513(a).

Stalans, a long-time employee occupying an elevated position of extreme sensitivity with the National Security Agency of the United States Government...

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