Shimmin v. Department of Justice
Shimmin v. Department of Justice
Opinion of the Court
Petitioner Tony R. Shimmin seeks review of the final decision of the Merit Systems Protection Board (Board) denying his petition for enforcement of a settlement agreement between the petitioner and the Immigration and Naturalization Service (INS). Shimmin v. Dep’t of Justice, No. SF-0752-93-0377-C-3, 94 M.S.P.R. 485 (M.S.P.B. Sept.2, 2003). Because the Board did not err in its decision, this court affirms.
BACKGROUND
In 1993, the INS removed Mr. Shimmin from his position as an Immigration Inspector for cause. Mr. Shimmin appealed his removal, but subsequently he and the INS reached an agreement resulting in settlement of the dispute. In exchange
DISCUSSION
A settlement agreement is a contract, the interpretation of which this court reviews without deference. Fomby-Denson v. Dep’t of Army, 247 F.3d 1366, 1371 (Fed.Cir. 2001); Godwin v. Dep’t of Defense, 228 F.3d 1332, 1334 (Fed.Cir. 2000).
Here, the settlement agreement provision at issue provides:
To allow [petitioner] to resign from his position as an Immigration Inspector, GS-18-16, Grade 7, Los Angeles District Office, Los Angeles, California. All adverse action information will be removed from his official personnel records and destroyed, as well as the information in relating (sic) agency files. Any future calls or correspondence regarding [petitioner’s] employment will result in a neutral statement of dates of employment, position title and grade, and that his last performance appraisal was fully satisfactory. No adverse recommendation for future employment will be provided.
As the administrative judge correctly observed, there was no confidentiality provision nor was there specific language prohibiting former co-workers from discussing Mr. Shimmin’s previous INS employment in their personal capacity. This court notes that the two former co-workers who talked with the OPM investigator were acting within their personal capacity, not on behalf of the agency. Because the terms of this settlement agreement do not extend to former co-workers acting within their personal capacity, any discussions between the two former co-workers and the OPM investigator were not a breach of the settlement agreement. Accordingly, this court affirms.
Reference
- Full Case Name
- Tony R. SHIMMIN v. DEPARTMENT OF JUSTICE
- Cited By
- 2 cases
- Status
- Published