Ernest J. Filiberti & Domell Dysthe v. Merit Systems Protection Board, Ernest J. Filiberti v. Merit Systems Protection Board

Filiberti and Dysthe appeal from a Merit Systems Protection Board (Board) ruling upholding a determination by an Administrative Law Judge (AU) that they improperly influenced an applicant for a position to withdraw his application from consideration. The Board had jurisdiction pursuant to 5 U.S.C. § 1205 (a)(1). We have jurisdiction under 5 U.S.C. § 1207 (c). We affirm the Board’s decision except for the penalty ultimately given to Filiberti, an issue we reverse and remand to the Board for further proceedings.

I

At the time this suit was instituted, Filiberti was the civilian personnel officer (CPO) for the Military Sealift Command Pacific (MSCPAC), a position he had occupied since 1974. MSCPAC is a division of the Department of the Navy, providing ocean transportation for various government agencies. Filiberti had approximately 40 years of experience in personnel for the government and was directly responsible for staffing over 2,600 positions.

Dysthe worked directly under Filiberti as director of the MSCPAC employment division. Dysthe had 28 years experience in personnel administration. Both men worked autonomously, receiving only broad policy supervision from their…