Legal Briefs: Salary supplement

Every Friday on GovExec.com, Legal Briefs reviews several cases that involve, or provide valuable lessons to, federal managers. We report on the decisions of a wide range of review panels, including the Merit Systems Protection Board, the Federal Labor Relations Authority and federal courts.

Dr. Luther S. Williams, the assistant director of education and human resources at the National Science Foundation, frequently was called upon to speak before academic groups as a representative of his agency. He was often paid for his speeches. For example, Loyola University paid Williams $500 to speak at an event, Michigan State University paid him $2,000, Sigma Xi, a scientific research society, gave him $2,000, and he received $1,000 from the City University of New York for a graduation speech.

But Williams failed to disclose the fees on his financial disclosure report. As a result, he was charged with a civil violation for getting paid for his services as a government employee. The case was settled, but it probably left Williams speechless. He had to pay a $24,900 fee, much more than what he had accepted for his speeches.

Lesson: Never pocket a penny without consulting your ethics guide.

United States v. Dr. Luther S. Williams, Public Integrity Section of the Department of Justice's Criminal Division, June 17, 1998.

Power of the Pen

Lawrence Wills, a Postal Service employee, discovered the power of the written word the hard way.

After Wills wrote a letter to a union official about a case one of his subordinates was involved in, he was accused of unacceptable job performance and was demoted. USPS officials claimed the letter hurt the agency's efforts to fire the subordinate.

A Merit System's Protection Board administrative judge ruled the demotion was legal, relying on the argument that Wills' intent was to hurt the agency's efforts. But on appeal, the full board overturned the judge's decision and ruled in favor of Wills. An employee's intent is not an element of unacceptable performance, the board ruled. Furthermore, Wills was obligated to provide the union with the information requested.

Lesson: Judge employees by what they do, not by what they intend to do.

Lawrence Wills vs USPS, Merit Systems Protection Board (AT0752970818-I-1), October 8, 1999.