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LACHANCE v. DEVALL

No. 98-3213.

178 F.3d 1246 (1999)

Janice R. LACHANCE, Director, Office of Personnel Management, Petitioner, v. Larry DEVALL, Respondent, and Merit Systems Protection Board, Respondent.

United States Court of Appeals, Federal Circuit.

May 20, 1999.

Attorney(s) appearing for the Case

Patricia M. McCarthy, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for petitioner. With her on the brief were David M. Cohen, Director, and Kathryn A. Bleecker, Assistant Director. Of counsel on the brief were Lorraine Lewis, General Counsel, Steven E. Abow and Joseph E McCann, Attorneys, Office of General Counsel, Office of Personnel Management, of Washington, DC.

Eric D. Flores, Attorney, Office of General Counsel, Merit Systems Protection Board, of Washington, DC, argued for respondent, Merit Systems Protection Board. With her on the brief were Mary L. Jennings, General Counsel and Martha B. Schneider, Assistant General Counsel.

Before PLAGER, CLEVENGER, and RADER, Circuit Judges.

CLEVENGER, Circuit Judge.

Based on charges brought against him, the Navy removed Larry Devall from his government position. On appeal to the Merit Systems Protection Board ("Board"), the Board sustained some but not all of the charges, and independently determined a lesser penalty. The Office of Personnel Management ("OPM") petitions for review, contending that, under the Civil Service Reform Act ("CSRA" or "Reform Act"), the Board does not have such independent authority...

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