Wednesday, February 11, 2015
Special Counsel v. DeFord, 28 M.S.P.R., 98 (1985), is similar to the cases described above as it involved a violation of 5 U.S.C. § 2302(b)(6) by giving one employee an advantage through retroactively promoting her. However, a key difference from the previously mentioned cases is that the underlying intent was to advantage her in the event of a proposed reduction in force (which never occurred) by placing her in a grade where her chances for retention were better. Additionally, DeFord, the supervisor, attempted to absolve himself of guilt by claiming that Julian, his subordinate who was the Personnel Officer, had failed to inform him that the promotion was improper, despite testimony from other witnesses to whom Julian indicated he had been ordered to process the promotion action by DeFord. The Board found DeFord responsible for violating 5 U.S.C. § 2302(b)(6) and ordered that he pay a fine of $750 since he had recently retired.