Opinion

John Doe v. Department of Agriculture

Court
Merit Systems Protection Board
Filed
Mar 3, 2025
Status
Unpublished
Cited by
0 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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