X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Appealed from: Merit Systems Protection Board

This is a federal employment case. Leon Modrowski petitions for review of the June 24, 1999 decision of the Merit Systems Protection Board (“Board”) affirming the decision of the Department of Veterans Affairs (“DVA,” or “agency”) to remove him from federal service. Modrowski v. DVA, No. CH-0752-98-0126-I-1 (MSPB June 24, 1999). The Board’s decision became final on March 16, 2000 upon the Board’s denial of Modrowski’s petition for review. Modrowski filed a timely petition for review with this court under 5 U.S.C. � 7703 (1994), and we have jurisdiction pursuant to 28 U.S.C. � 1295(a)(9) (1994). We heard oral argument in this appeal on May 10, 2001. We affirm the Board’s decision to sustain two charges: (1) that Modrowski violated conflict of interest rules by participating in the sale of agency-owned property to his son-in-law, and (2) that he knowingly concealed such information from the agency, in violation of agency rules of conduct for employees. However, because we conclude that Modrowski was improperly denied an adequate opportunity to consult with his lawyer about the effective scope of a purported grant of prosecutorial immunity before being compelled to answer questions or be removed, we reverse the Board’s decision sustaining the third charge: refusal to cooperate in the agency’s investigation. Because it is unclear what penalty would have been imposed for only the two charges here affirmed, we vacate the Board’s decision sustaining his removal. Accordingly, we affirm-in-part, reverse-in-part, vacate-in-part, and remand for further proceedings.

Facts

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Dispute Resolution Forum 2021

June 16, 2021
Virtual

Legal professionals from In-House, Private Practice and the Bar work together to overcome challenges facing dispute resolution.


Register

GlobeSt. NET LEASE Spring 2021

June 16, 2021 - June 17, 2021
New York City, NY

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Register

Pennsylvania Legal Awards 2021

June 24, 2021
Virtual

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Register

ATTORNEY- SAN FRANCISCO-CALIFORNIA

San Francisco, California, United States

Bartko Zankel Bunzel & Miller is seeking an attorney with at least three years of experience in labor and employment law to join its diverse...


Apply Now ›

ATTORNEY - LOS ANGELES- CALIFORNIA

Los Angeles, California, United States

Bartko Zankel Bunzel & Miller is seeking an attorney with at least seven years of experience in labor and employment law to join its diverse...


Apply Now ›

ATTORNEY

Hartford, Connecticut, United States

New York insurance defense firm with offices in Pennsylvania, New Jersey, New York City, and Western New York, is growing its Stamford/Hartf...


Apply Now ›

MANDELBAUM SALSBURG PC

06/07/2021
NJLJ Web

Please to announce that....


View Announcement ›

BENNETT , TINA

05/27/2021
TLI Web

Bennett, Tina mourns the loss of Elizabeth (Libby) Bennett, Esq.


View Announcement ›

BLOCK O'TOOLE & MURPHY

05/25/2021
NYLJ Web

BLOCK O'TOOLE & MURPHY is pleased to announce the addition of three new associate attorneys to our team.


View Announcement ›