![]() ![]() The Federal Circuit found the agency’s nexus argument to be too vague. ![]() The FBI removed the appellant and using the concept of “clearly dishonest” behavior to establish nexus between the misconduct and the efficiency of the service. 2009-3289 (July 9, 2010)(NP).Īnd here’s an example when the agency did not properly establish nexus: An FBI agent filmed sexual encounters of himself and another agent without her knowledge. Even though no agency policy prevented such relationships, the Board upheld the removal because the agency showed the relationships affected his supervisory role, his interaction with his subordinates was negatively affected, and the appellant’s supervisor lost confidence in the appellant’s judgment. ![]() Here’s an example where the agency properly established nexus: The agency charged the appellant with conduct unbecoming and removed him after it learned the appellant had consensual romantic relationships with three subordinates. Department of Health and Human Services, 22 M.S.P.R.
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