627 F.2d 541 (D.C. Cir. 1980), 79-2411, Walker v. Washington

Docket Nº:79-2411.
Citation:627 F.2d 541
Party Name:James WALKER, Appellant, v. Walter E. WASHINGTON, Mayor District of Columbia, et al.
Case Date:June 30, 1980
Court:United States Courts of Appeals, Court of Appeals for the District of Columbia Circuit
 
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Page 541

627 F.2d 541 (D.C. Cir. 1980)

James WALKER, Appellant,

v.

Walter E. WASHINGTON, Mayor District of Columbia, et al.

No. 79-2411.

United States Court of Appeals, District of Columbia Circuit

June 30, 1980

Rehearing Denied July 16, 1980.

Page 542

Richard W. Barton, Deputy Corp. Counsel and Edward E. Schwab, Asst. Corp. Counsel, Washington, D. C., were on the motion of appellees for summary affirmance. Judith W. Rogers, Washington, D. C., Atty., entered an appearance for appellee.

James Walker, pro se, filed a response to appellees' motion for summary affirmance.

Before MacKINNON and ROBB, Circuit Judges.

Opinion PER CURIAM.

PER CURIAM:

This case which comes before the motions panel of the Court involves an appeal of a District Court order of summary judgment for appellees, in James Walker's suit challenging his dismissal from the District of Columbia Department of Human Resources. Following two prior similar violations of working requirements, for which he was suspended for short periods, Walker was finally dismissed from his employment for his third violation which consisted of (1) insubordination, refusal to comply with supervisor; (2) neglect of duty, negligence in performing official duties; and (3) impeding government efficiency and economy. His violations consisted of deliberately refusing to fill out and sign "program activity records", which are time sheets of the District of Columbia Department of Human Resources from which information is drawn and submitted to the United States Department of Health, Education and Welfare for purposes of federal reimbursement. Appellees move this Court for summary affirmance. The appellant responded only after the Court issued an order to show cause. The facts and legal arguments are adequately presented in the briefs and records, and oral argument would not significantly aid the Court. We grant appellee's motion.

I

James Walker occupied the position of statistical assistant in the Office of Planning and Evaluation, Research and Statistics Division, Department of Human Resources. On December 22, 1977, he was dismissed for insubordination, neglect of duty, and impeding government efficiency and economy.

Part of Walker's job as an employee of the Research and Statistics Division was to complete time reports forms called "program activity records," which require the employee to report the time spent in each of several different activities. Each Research and Statistics employee was required to complete activity records for intermittent two-week periods in 1976 and 1977 (Nov.-Dec. 1976; Jan.-Feb. 1977; April

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1977; Aug. 1977). These reports formed part of a time study used to allocate administrative costs to operating programs toward which the federal government paid varying percentages. The time study was approved by the Department of Health, Education and Welfare, and information from the reports formed part of the data submitted to HEW as a prerequisite to receiving federal matching funds.

On three separate occasions, Walker refused to comply with the report requirement. The first occasion involved the period of Nov. 22-26 and Nov. 29-Dec. 3, 1976. After Walker refused to complete the program activity record and failed to articulate reasons for his refusal, he received a suspension for five days. In early 1977, Walker again refused to fill out the required records, even after he received specific warnings to complete the reports for Jan. 24-28 and Jan. 31-Feb. 4. For this infraction, he was suspended for fifteen days, between May 16 and 30, 1977. Prior to both suspensions, Walker had the opportunity to answer the charges against him.

Again in August 1977, Research and Statistics employees were required to submit program activity records, and again (for the third time) Walker refused, despite strongly worded demands. In October, the Acting Chief of the division proposed Walker's removal. Walker replied in writing and orally; thereafter, the Associate Director of Planning and Evaluation concurred in the notice of dismissal. Accordingly, Walker was dismissed from the Department of Human Resources. Both the dismissal and the two previous suspensions were consistent with the Table of Penalties Guide for the Department of Human Resources. (Administrative Record, Part I, at 27-29.)

Walker immediately appealed the dismissal 1 to the Federal Employee Appeals Authority (FEAA), now the Office of Appeals Operations...

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