Our client worked for the agency for 30 years. The agency proposed to terminate him for failure to report two DUI arrests to his supervisor. We responded that the DUIs occurred off-duty, and therefore, there was no nexus to the efficiency of the service. We also argued that the agency failed to appropriately consider mitigating factors, including our client’s excellent performance record. The deciding official agreed and mitigated the proposed removal to a 22-day suspension.
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