MSPB case on misuse of position & violation of the Standards of Conduct

MSPB case upheld Administrative Judge decision which denied appellant corrective action for alleged Whistleblower Protection, because agency established by clear and convincing evidence that it would have reassigned her regardless of the disclosure. 

More specifically, the Inspector General found that: (1) The appellant used her public office for the gain of a private business, Checkers, Inc.; and (2) the appellant violated the Standards of Ethical Conduct by maintaining a close personal friendship with Ms. Dale Spettigue, a principal of Truckers Express, Inc. (TEI), a carrier over which the appellant was exercising the agency’s regulatory authority.

See full decision at http://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=468766&version=470011&application=ACROBAT