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Brown v. Watts

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Argued September 2, 2009

Before WASHINGTON, Chief Judge, BLACKBURNE-RIGSBY, Associate Judge, and SCHWELB, Senior Judge.

The District of Columbia Department of Corrections (DOC) terminated the employment of Correctional Treatment Specialist Charles Watts on grounds of malfeasance for failing to process a detainer for an inmate suspected of terrorist activities.*fn1 The Office of Employee Appeals (OEA) sustained the termination. On Mr. Watts’ petition for review, the trial court reversed the termination and reinstated Mr. Watts with back pay and benefits. We reverse the trial court because (1) the OEA decision was based on substantial evidence in the record, and (2) while the OEA was mistaken in its jurisdictional mandate, Mr. Watts’ claim that his termination violated the DOC’s Collective Bargaining Agreement (CBA) with the Fraternal Order of the Police was not preserved for review.

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