Special Counsel ex rel. Glenn Schwarz v. Department of the Navy
Background
- OSC requests a 60‑day extension of the stay of Schwarz's removal under 5 U.S.C. § 1214(b)(1)(B).
- The stay previously extended to December 11, 2017; OSC seeks continued protection amid investigation.
- Schwarz filed whistleblower reprisal disclosures; prior settlement held removal in abeyance for 2 years pending compliance.
- Agency reinstated Schwarz's removal on June 8, 2017 for alleged performance/conduct failures.
- OSC alleges the reinstatement was retaliatory for protected disclosures regarding improper testing of aircraft fueling/jet fuel management.
- Agency responds, noting ongoing investigation, interviews conducted, and 3,000+ documents produced; supports a shorter extension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 60‑day stay extension is appropriate under § 1214(b)(1)(B). | OSC asserts ongoing investigation supports extension. | Agency argues 30 days suffices; no new witnesses; documents largely produced. | Extension granted for 60 days. |
| Whether the extension should impose any conditions on duties or accommodations during the stay. | OSC seeks to preserve status quo pending investigation without prejudice to Schwarz's duties. | Agency claims no changes beyond normal compliance; stay should not alter salary/grade. | Stay extended with conditions that duties align with salary/grade; agency to report compliance. |
Key Cases Cited
- Special Counsel ex rel. Waddell v. Department of Justice, 103 M.S.P.R. 372 (2006) (review of stay extensions; proper framing of investigation-centered relief)
- Special Counsel ex rel. Waddell v. Department of Justice, 104 M.S.P.R. 141 (2006) (time to complete review; consideration of future actions)
- Special Counsel v. Department of Transportation, 74 M.S.P.R. 155 (1997) (purpose of stay is to maintain status quo and minimize prohibited personnel practice harm)
- Special Counsel v. General Services Administration, 45 M.S.P.R. 601 (1990) (board can set extension periods recognizing OSC's superior position to gauge time needs)