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Chambers v. Dep't of the Interior

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Published opinion

Before DYK, SCHALL, and PROST, Circuit Judges.

Teresa Chambers (“Chambers”) petitions for review of an adverse decision of the Merit Systems Protection Board (“Board”). See Chambers v. Dep’t of the Interior, 110 M.S.P.R. 321 (2009) (“Chambers III”). The Board sustained Chambers’ removal from her position as the Chief of United States Park Police (“Park Police”). We affirm the Board’s decision sustaining charges 3, 5 and 6. However, we reverse the Board’s decision to sustain charge 2. In light of the reversal of charge 2, we remand to the Board for reconsideration of whether removal remains a reasonable penalty and whether the agency has presented clear and convincing evidence that it would have taken the same personnel actions against Chambers based on the sustained charges, in the absence of her protected disclosures.

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