Argued October 31, 2001
This appeal arises from appellee Ronald L. Stokes’ claim that the abolition of his statutorily created position as Chief of the District’s Office of Taxicabs constituted an unlawful reduction in force (RIF). The Office of Employee Appeals (OEA) held that the separation of Stokes from government service was unlawful, but granted only limited relief. On March 22, 2000, in what we shall call Order No. 1, the trial judge held that the remedy authorized by the OEA was inadequate, and she remanded the case to the OEA with instructions that Stokes be reinstated and receive full back pay and benefits from the time of the RIF to the present. The District of Columbia did not appeal from Order No. 1, and on May 31, 2000, the OEA issued an order implementing the trial judge’s directive.
On June 15, 2000, the District, invoking Super. Ct. Civ. R. 60 (b)(6) and “the equitable powers of this [c]court,” filed a motion for relief from Order No. 1. The District alleged, inter alia, that on January 22, 1998, Stokes had been convicted in the United States District Court for the District of Columbia of several counts of criminal conduct committed in his capacity as Chief of the Office of Taxicabs, including receipt of a gratuity by a public official, *fn3 first degree theft, *fn4 receipt of a bribe by a public official, *fn5 and acceptance of a bribe by a public servant. *fn6 The District further alleged that on June 10, 1998, Stokes had been sentenced to a term of imprisonment for sixty months and fined $75,000. The District requested that the court “exercise its equitable powers to permit the record to be reopened [for additional fact-finding] to reflect [Stokes'] subsequent indictment and conviction for abusing the position for which he now seeks retroactive compensation . . . .” Stokes responded to the District’s motion, arguing that “since the case was remanded to the Office of Employee Appeals, [the Superior Court] no longer has jurisdiction of this matter.” Stokes also contended that the facts relating to his indictment and conviction, although widely publicized and known to representatives of the District of Columbia, had not been presented to the OEA, and therefore could not properly be asserted before the reviewing court.
