Christine Davis v. Office of Personnel Management
Background
- Christine Davis, a GS-11 Investigator, was removed by OPM effective October 31, 2014, based on five charges: (1) failure to timely pay Government Travel Card (GTC) balances; (2) misuse of a GTC; (3) submitting inaccurate time reports; (4) lack of candor; and (5) willful misuse of a Government-owned vehicle (GOV).
- Administrative judge (AJ) held a hearing, sustained all five charges (but not specifications 2 and 6 of charge 5), and found nexus to the efficiency of the service; penalty of removal was upheld as reasonable.
- Charge 1: Davis admitted she did not fully pay monthly GTC balances; agency policy required full payment within 25 days of billing.
- Charge 2 & 4: AJ found Davis misused her GTC to purchase meals for family/friends and lacked candor in a September 2013 investigatory interview; AJ relied on demeanor-based credibility findings and later admissions in a December 2013 statement.
- Charge 3: AJ sustained four specifications of inaccurate time reporting based on documentary evidence and credibility findings; one specification involved an admission that Davis worked a day she had reported as annual leave.
- Charge 5: AJ sustained four of six specifications alleging willful nonofficial use of a GOV (long trips, toll records, refueling patterns); two specifications (refueling while on sick leave on two dates) were not sustained.
Issues
| Issue | Davis's Argument | OPM's Argument | Held |
|---|---|---|---|
| Whether Davis failed to timely pay GTC balances | Davis admitted partial payments and said she paid as reimbursements arrived | Agency relied on its Financial Management Manual requirement to pay in full within 25 days; records showed past-due balances | Sustained: admission + documentation sufficient to prove charge |
| Whether Davis misused GTC for nonofficial meals | Davis denied misuse, said charges were mistaken and she used card for official purposes | Agency presented records and investigator testimony; AJ found Davis evasive and her denials not credible | Sustained: AJ credibility findings supported misuse finding |
| Whether Davis lacked candor in investigatory interview | Davis said she was upset and answered the questions; denied intentionally misleading | Agency tied lack of candor to proven misuse and later admissions that she had purchased meals for others | Sustained: lack of candor follows from proven underlying misconduct and admissions |
| Whether Davis submitted inaccurate time reports | Davis claimed she worked the hours and provided work reports (new docs submitted on review) | Agency presented timesheets, and AJ found Davis not credible; new documents were untimely and not considered | Sustained: AJ credibility and documentary record support specifications |
| Whether Davis willfully misused GOV | Davis said she used GOV for work-related travel | Agency produced toll records, mileage, and phone records showing extensive nonofficial travel; AJ found denials not credible | Sustained (4 of 6 specs): evidence showed willful/reckless nonofficial use for multiple trips |
| Whether removal penalty was reasonable | Davis contended removal was too harsh given service record | Agency noted position of trust, prior warnings, and seriousness of misconduct; deciding official considered Douglas factors | Penalty upheld as within range of reasonableness |
Key Cases Cited
- Cole v. Department of the Air Force, 120 M.S.P.R. 640 (M.S.P.B. 2014) (an admission can suffice to prove a charge)
- Haebe v. Department of Justice, 288 F.3d 1288 (Fed. Cir. 2002) (deference to credibility findings based on witness demeanor)
- Hillen v. Department of the Army, 35 M.S.P.R. 453 (M.S.P.B. 1987) (factors for assessing witness credibility)
- Fargnoli v. Department of Commerce, 123 M.S.P.R. 330 (M.S.P.B. 2016) (elements required to sustain lack of candor: incorrect/incomplete info and knowledge)
- Kimm v. Department of the Treasury, 61 F.3d 888 (Fed. Cir. 1995) (standard for "willful" misuse of government property)