A court decision has dealt a significant blow to United States President Donald Trump’s push to reform the nation’s Federal Public Service.
The US Appeals Court ruled that a doctor dismissed by the Department of Veterans Affairs (VA) should be reinstated.
In its decision, the court stated that the Department improperly applied provisions of a new accountability law Mr Trump had highlighted as a key Public Service reform.
It said the Department could not retroactively apply the 2017 VA Accountability and Whistleblower Protection Act, nor could it declare its punishments ineligible for review.
The decision strikes a major blow to VA’s authority to enforce the law it, Mr Trump and lawmakers on both sides of the aisle had trumpeted as a fundamental step to ease the disciplinary process for misbehaving and poorly performing employees.
Employee groups and some lawmakers who originally supported the measure have criticised VA for abusing its authority under the new law and disproportionately punishing low-ranking workers.
Jeffrey Sayers, a VA pharmacist for 37 years and until recently the Chief of Pharmacy in the Los Angeles area, brought his case to the Appeals Court after a Merit Systems Protection Board Judge upheld VA’s decision to fire him.
In his appeal, Mr Sayers argued the firing was “arbitrary and capricious”.
He said provisions of the 2017 law used to expedite his removal violated his due process rights, failed to use the proper burden of proof and improperly circumvented the merit system principles afforded to all Public Servants.
Mr Sayers was fired for a failure to follow orders after he allegedly did not correct a faulty element of the patient record system he was using to fill prescriptions.
He was subsequently cited for alleged violations such as using expired equipment and not properly locking away pharmaceuticals. He has denied all the charges against him.
The retroactive ruling could lead to many more cases being overturned. However, VA could appeal the decision to the Supreme Court.
Washington, 1 April 2020
