Opinion

Jane Doe v. Robert E. Hampton, Individually and as Chairman, U. S. Civil Service Commission

  • 566 F.2d 265
  • 184 U.S. App. D.C. 373
Court
Court of Appeals for the D.C. Circuit
Filed
Nov 3, 1977
Status
Published
Author
Robb
On the bench
III, Tamm, Robinson, Robb
Cited by
144 cases

holding that unpublished provisions within an agency personnel manual may be “binding if so intended by the Commission” in question

How later courts described this case

  • holding that unpublished provisions within an agency personnel manual may be “binding if so intended by the Commission” in question
  • stating that the order “supplements but does not supersede any statutes, regulations, or collective bargaining agreements on the authorized use of Government office equipment”
  • stating that the agency’s intent to be bound is the determinative factor
  • remanding to district court to determine whether provision of Personnel Manual is binding because decision turns on "the Commission’s intent in authoring it, as ascertained by an examination of the provision's language, its context, and any available extrinsic evidence”

Written by the judges who cited it.

The opinion

ROBB, Circuit Judge,

concurring:

In my judgment the objective facts, independent of psychiatric opinions, required the conclusion that the appellant was not fit for continued employment in her position. I refer to the facts stated in n.25 and accompanying text of Judge Tamm’s opinion, and those summarized in the Bureau’s fitness-for-duty examination directive, quoted in n.4. Given those facts I cannot believe that the Bureau was required to keep the appellant in her position indefinitely, and it is difficult to think of another position which she might have filled. Nevertheless it does seem to me that the relevant Federal Personnel Manual provision, coupled with normal compassion, should have impelled the Bureau to consider extended leave without pay as an alternative to separation. Because the Bureau did not consider any alternative I concur in the remand.

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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