Harding v. Department of Veterans Affairs, 451 F. App'x 947

Harding, a housekeeping aide at the VA Medical Center in Fayetteville, NC, faced indictments for cocaine-related offenses in 2009.
The VA indefinitely suspended Harding on September 25, 2009, pending resolution of the criminal proceedings.
An administrative judge reversed the indefinite suspension for lacking an ascertainable end and ordered interim relief if a petition for review was filed.
The agency petitioned for review; Harding filed multiple late pleadings and a March 2010 transcript was later submitted.
The Board ultimately affirmed the indefinite suspension, finding an ascertainable end tied to the criminal proceedings and that interim relief obligations were met.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of indefinite suspension with ascertainable end	Harding contends the suspension lacked a proper ascertainable end.	Agency argued the end is the resolution of the criminal proceedings.	Ascertainable end exists; suspension upheld
Interim relief compliance	Agency failed to provide interim relief as required.	Agency submitted certification and SF-50 showing pay-status return.	Interim relief satisfied; agency met obligations
Advance notice under § 7513(b)	Only 20 days’ notice provided, violating the 30-day requirement.	Indictments for serious crimes justified shortened notice under reasonable cause.	Shortened notice permitted by indictments; meets § 7513(b)
Nexus between misconduct and efficiency	Suspension lacked a sufficient nexus to efficiency of the service.	Disciplinary action was warranted to protect information and maintain confidence.	There is a nexus; suspension valid under § 7513(a)

Dunnington v. Dep’t of Justice, 956 F.2d 1151 (Fed. Cir. 1992) (indictment sufficient to meet reasonable cause for suspension with less than thirty days’ notice)
Bennett v. Merit Sys. Prot. Bd., 635 F.3d 1215 (Fed. Cir. 2011) (standard of review for MSPB decisions)