Mandatory Removal Charges

Melville Johnson
April 16, 2020
A federal agency’s issuing of mandatory removals for federal employees depends on the type of agency, and the offenses listed under the rule by statute. Agencies usually have lists of mandatory removal charges in their agency policy handbook.

The agency proves this charge, with preponderant evidence, by establishing  the following elements: (1) RRA Section 1203 statutory elements: the alleged activity occurred “in the performance of the employee’s official duties; (2) The Lautenberg Amendment, 18 USC 922(g)(9) statutory elements: person convicted of “misdemeanor crime of domestic violence”, there has been no expungement of the conviction; (3) Indian Child Protection and Family Violence Prevention Act statutory elements: covered position, covered crime, and no position suitable for reassignment.[1]

In 1998, Congress became concerned about IRS employees’ alleged abuses of taxpayers and their failure to satisfy reporting responsibilities. This led to the enactment of the Internal Revenue Service Restructuring and Reform Act of 1998 ("RRA").  This provides that the IRS Commissioner “shall terminate the employment of any employee of the Internal Revenue Service who committed any act or omission” specified in §1203(b)of the RRA.

Under 18 USC 922(g)(9), a person who is convicted of the “misdemeanor crime of domestic violence” is barred from possessing a firearm. The term “misdemeanor crime of domestic violence” means an offense that – (i) is a misdemeanor under the Federal or State law, and (ii) has an element, the use of attempted use of physical force or the threatened use of a deadly weapon commenced on a current or former spouse.

The federal employee attorneys at Melville Johnson, P.C. are highly experienced in MSPB matters such as these, and are willing and able to assist you in your federal employment legal matters. Call or message us today to discuss your claim and learn how we can assist you.

[1] Jordan v. Dept of Treasury, 102 MSPR 390, 2006 MSPB 181 (2006)

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.
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