Background
Lance Reynolds, a Reentry Affairs Coordinator at a federal penitentiary, was indicted for sexual abuse in the third degree. Following the indictment, the Department of Justice placed him on administrative leave and subsequently imposed an indefinite suspension without pay. The Merit Systems Protection Board upheld the suspension, finding the agency acted within its authority. Reynolds appealed to the Federal Circuit, arguing the suspension was unjustified and should have been lifted earlier.
The court’s reasoning
The court applied the standard that an agency must establish by a preponderance of the evidence that it had reasonable cause to believe the employee committed a crime for which imprisonment may be imposed. The court found that the indictment provided reasonable cause. Additionally, the court determined the suspension promoted the efficiency of the service because the alleged sexual misconduct was antithetical to Reynolds’s duties as a law enforcement officer. The court also rejected the argument that the suspension should have ended earlier, noting the agency restored Reynolds to paid status fifteen days after the criminal charges were resolved via a diversion agreement.
What it means going forward
Federal agencies may rely on indictments for crimes punishable by imprisonment to justify indefinite suspensions without pay when the alleged conduct relates to the employee’s ability to perform their duties. Agencies must terminate such suspensions within a reasonable time after the criminal proceedings conclude.