Wrocklage v. Department of Homeland Security
769 F.3d 1363
| Fed. Cir. | 2014Background
- Wrocklage is a CBP Officer challenging a Merit Systems Protection Board decision sustaining his removal.
- He and another officer allegedly participated in disseminating a TECS report containing a traveler’s PII.
- The TECS report was emailed to a senator’s office contact and Berglund; Berglund later deleted the attachment.
- Agency charged him with improper possession, unauthorized disclosure, and lack of candor.
- Board sustained all charges but the court later vacates and remands, sustaining only the first charge and reconsidering penalty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Charge 2 constitutes an unauthorized disclosure | Wrocklage; disclosure requires actual viewing by unauthorized recipient | Agency; transmission to Berglund satisfied disclosure | Charge 2 not supported by substantial evidence |
| Whether Charge 3 shows lack of candor | Wrocklage lacked credibility but explained error and rotation of TECS printouts | Agency showed deliberate lack of candor | Substantial evidence does not support lack of candor specification for Charge 3 |
| Whether Charge 1 supports removal or penalty | Removal only justified if supported by proper facts and intentional possession | Removal based on TECS possession and other charges | Only Charge 1 remains; penalty remanded for reconsideration; removal vacated as to Charges 2 and 3 |
| Procedural/interpretive issue about stipulations | Stipulations to facts do not bind legal conclusions | Stipulations do not automatically establish unauthorized disclosure; Board erred in treating them as such |
Key Cases Cited
- Douglas v. Veterans Admin., 5 M.S.P.R. 280 (MSPR 1981) (Douglas factors guide penalty in removal cases)
- Luster v. Vilsack, 667 F.3d 1089 (10th Cir. 2011) (privacy disclosure requires actual viewing by unauthorized recipient)
- McLaughlin v. Office of Personnel Management, 353 F.3d 1363 (Fed. Cir. 2004) (standard for substantial evidence review)
- Welshans v. U.S. Postal Service, 550 F.3d 1100 (Fed. Cir. 2008) (legal-standards review of MSPB decisions)