The opinion
UNITED STATES OF AMERICA
MERIT SYSTEMS PROTECTION BOARD
SPECIAL COUNSEL DOCKET NUMBER
EX REL. JOHN DOE, 1 CB-1208-25-0020-U-1
Petitioner,
v.
DEPARTMENT OF AGRICULTURE, DATE: March 3, 2025
Agency.
Erik Snyder , Esquire, for the petitioner.
John Doe , pro se.
Steven C. Brammer , Esquire, and Domiento C.R. Hill , Esquire,
for the agency.
BEFORE
Cathy A. Harris, Chairman
ORDER
This matter comes before the Board on the February 28, 2025 initial stay
request of the Office of Special Counsel (OSC). Pursuant to 5 C.F.R.
§ 1201.136(e), OSC is ORDERED to provide the following information so that it is
received by the Clerk of the Board no later than 3:00 p.m. Eastern Time on
Tuesday, March 4, 2025:
(1) To the extent that OSC is requesting a stay regarding the terminations of
the 29 former agency employees whose redacted termination letters are
1
I find it appropriate to grant the relator’s request for anonymity in this matter.
Accordingly, the matter has been recaptioned as “John Doe.”
2
attached to its stay request, OSC shall provide the names of those
individuals, consistent with 5 C.F.R. § 1201.135(a), or an explanation of
why it cannot provide those names;
(2) To the extent that OSC is requesting a stay of the terminations of any
other individuals who were employed by the agency and terminated
during their probationary periods since February 13, 2025, based on
letters stating “The [a]gency finds, based on your performance, that you
have not demonstrated that your further employment at the [a]gency
would be in the public interest,” OSC shall provide the names of those
individuals consistent with 5 C.F.R. § 1201.135(a). Special Counsel
ex rel. John Doe v. Department of Agriculture, MSPB Docket
No. CB-1208-25-0020-U-1, Stay Request File, Tab 1 at 4. If OSC is
unable to provide the names of any of these individuals, it must explain
why it cannot provide those names;
(3) If OSC is unable to provide the names of any of the individuals listed in
paragraphs (1) or (2), OSC shall brief the Board’s authority to grant its
request to stay the terminations as a group without the names of the
affected individuals; and
(4) To protect the personally identifiable information of the putative relators,
OSC’s submission should be filed under the docket number
3
Special Counsel ex rel. John Doe v. Department of Agriculture , MSPB
Docket No. CB-1208-25-0020-U-2, and only be served on the agency.
FOR THE BOARD: ______________________________
Gina K. Grippando
Clerk of the Board
Washington, D.C.