Law

Considerations for MSPB Appeals

If you’ve received a disciplinary proposal letter from an Agency you are employed at, you also know that the decision letter is on its way too. At this point, anything can happen and depending on the charges proposed, the results can range from no penalty being applied all the way to[…]

Cameron County Detention Officer Receives Docked Benefits

A Cameron County Detention Officer’s fitness for duty was questioned by jail management when the Officer refused to patrol the jail facility grounds from a second story rooftop. The Officer had been diagnosed with acrophobia (fear of heights). The Officer had disclosed his condition before he was hired.  He also[…]

Cameron County Detention Officer Reinstated with Benefits and Proper License Designation

A Cameron County Detention Officer was terminated for an alleged minor criminal offense. The Officer subsequently had his criminal case dismissed for insufficient evidence. As a result of the Officer’s termination, the county served him with a dishonorable discharge on his Texas Detention Officer License, also known as the Separation of[…]

Adverse Action Quiz: Who is better off?

Assume that two employees get 15-day adverse action suspensions, their union takes each case to arbitration, and both suspensions are overturned. One employee, Smith, had his adverse action overturned and reduced to a letter of reprimand because the union showed that similarly situated employees were only given reprimands for the[…]

Recent Texas Observer News Story Spotlights Attorney Roberto M. Garcia’s Work

“CBP’s internal affairs office had built a file on Peña with allegations that included displaying a “lack of candor” — federal law enforcement parlance for not fully disclosing the truth — and for “harbor[ing] a UDA,” an undocumented alien, who happened to be his wife, a Mexican citizen. A CBP[…]

Supervisory Border Patrol Agent Reinstated With Back Pay And Benefits

A Rio Grande Valley Sector Supervisory Border Patrol Agent was removed from Federal Service for events surrounding an encounter with a non-cooperative undocumented alien resisting apprehension. The Agent was removed based on two charges of misconduct: Failure to Follow the Use of Force Policy; and Failure to be Forthright. The[…]

The Basics of Garrity Rights

Garrity Rights protect public employees from being compelled to incriminate themselves during investigatory interviews conducted by their employers. This protection stems from the Fifth Amendment to the United States Constitution, which declares that the government cannot compel a person to be a witness against him/herself. Garrity Rights originate from a[…]