KENNETH H. STALANS, PETITIONER,
v.
NATIONAL SECURITY AGENCY, RESPONDENT, MERIT SYSTEMS PROTECTION BOARD, INTERVENOR

4th Cir. | 1982-03-18
No. 81-1493
678 F.2d 482 United States Court of Appeals for the Fourth Circuit (1982) Positive Treatment
Cited by 8 cases

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Holding

The discharge of an employee for sexual activity with his minor daughter was supported by substantial evidence and promoted the efficiency of the service.


Facts & Procedural History

Kenneth H. Stalans, an employee of the National Security Agency, was found to have engaged in sexual activity with his minor daughter. The Merit Syste…

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Opinion of the Court
MURNAGHAN, Circuit Judge:

MURNAGHAN, Circuit Judge:

The Merit Systems Protection Board (reversing a decision by the Presiding Official of the Washington, D. C. Field Office of the Board) found that behavior of Kenneth H. Stalans was such that his discharge would promote the efficiency of the service. See 5 U.S.C. § 7513(a).

Stalans, a long-time employee occupying an elevated position of extreme sensitivity with the National Security Agency of the United States Government, was determined to have engaged in sexual activity with his minor daughter. Bearing in mind the inevitable and inherent risks in work of the nature which Stalans performed, the confidentiality of the information to which he would continue to have access, and the impracticality of his remaining employed if denied clearance and access to classified information, the Merit Systems Protection Board was fully within its authority, supported by substantial evidence,1 and not arbitrary or capricious in reaching its determination that, in the interests of promoting the efficiency of the service, the discharge of Stalans should not be reversed or modified. The Board committed no abuse of discretion and did not depart from law or regulation. The misconduct reflected adversely on Stalans’ trustworthiness. See 5 U.S.C. § 7703(c). Accordingly, we affirm.

AFFIRMED.

. The question to which substantial attention was devoted in the briefs of the parties of whether the test is purely one of substantial evidence or is to be cast in terms of rational basis need not be pursued. On either approach, the Board’s determination was sustainable.


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