IF YOU INSIST ON BITING YOUR WIFE…

expect some job consequences if she has you arrested, especially if you are a Homeland Security law enforcement officer (LEO). When the employee reported the arrest to his supervisor the next workday, he explained that he never bit her.  Rather, he claimed she bit herself to make him look like the aggressor in the fight.  The agency removed the employee for conduct unbecoming and lack of candor.

When he appealed to MSPB the ALJ affirmed the charges and found a nexus because “…biting his wife raises questions about his temperament.” However, the judge found the agency failed to consider the following:

• the wife was not seriously injured and did not need medical attention.
• the employee’s performance ratings were outstanding.
• the employee had over 10 years of discipline-free Federal service.

Consequently, removal was found to be outside the bounds of reasonableness, leading the judge to mitigate the removal to a reassignment to the highest-graded non-LEO position in his commuting area. While management zealots will consider the employee got off with barely a slap on the wrist, they are overlooking the fact that the reassignment will likely be to a lower-graded position and the employee will lose his substantial LEO retirement benefits as well as regular overtime. Moreover, those zealots will ignore the fact that DHS has a hard time recruiting law enforcement officers and it will feel the loss of an employee who is an outstanding performer as well.  It costs the government nearly a half-million dollars to hire and fully train an LEEO up to the journey level.

Sounds like a good decision to us. For more details, check out Bonojo v. DHS, NY-0752-20-0056-I-3 (Aug. 22, 2024)