Micah Patterson v. Department of Agriculture
SF-1221-22-0263-W-1
MSPBApr 24, 2024Background
- Micah Patterson was hired as a GS-9 Agricultural Engineer by the Department of Agriculture in December 2020.
- He was terminated during his probationary period in September 2021 for alleged misconduct.
- Patterson filed a complaint with the Office of Special Counsel (OSC), alleging his termination was in retaliation for several disclosures, including a breach of the Privacy Act by his team leader.
- OSC closed its investigation, and Patterson then filed an Individual Right of Action (IRA) appeal to the Merit Systems Protection Board (MSPB), which was initially dismissed for lack of jurisdiction.
- Patterson petitioned for review, disputing findings on whether his disclosures were protected and asserting retaliation and hostile work environment.
- The MSPB found his Privacy Act disclosure might be protected and remanded for adjudication on the merits.
Issues
| Issue | Patterson's Argument | Department of Agriculture's Argument | Held |
|---|---|---|---|
| Whether disclosures were protected under 5 U.S.C. § 2302(b)(8) | Disclosures, especially about Privacy Act breach, were protected | Disclosures were not specific or reasonable to be protected | Privacy Act breach disclosure protected |
| Whether the IRA appeal had MSPB jurisdiction | Exhausted OSC remedies and alleged protected disclosure | No protected disclosure; thus, no jurisdiction | Jurisdiction established for Privacy Act |
| Whether the Privacy Act disclosure was a contributing factor | Termination followed disclosure; timing and supervisor’s knowledge | Disclosure unrelated to termination | Timing/knowledge tests met; remanded |
| Hostile work environment claim | Hostile environment was reprisal for protected conduct | No protected activity; claims unsupported | Not reached; to be determined on remand |
Key Cases Cited
- Briley v. National Archives and Records Administration, 236 F.3d 1373 (Fed. Cir. 2001) (an appellant may give more details of whistleblowing to MSPB than to OSC)
- Hessami v. Merit Systems Protection Board, 979 F.3d 1362 (Fed. Cir. 2020) (Board may consider materials integral to appellant’s claim at jurisdictional stage)
- Scmittling v. Department of the Army, 219 F.3d 1332 (Fed. Cir. 2000) (cannot decide merits before jurisdiction established)
- Ontivero v. Department of Homeland Security, 117 M.S.P.R. 600 (2012) (context of disclosure and managerial response relevant to whether reasonable belief of wrongdoing)