FOR IMMEDIATE RELEASE January 21, 1998

CONTACT: Michael Orenstein (202) 606-1800 mworenst@opm.gov

U.S. SUPREME COURT SIDES WITH OPM IN DENYING FEDERAL WORKERS A RIGHT TO LIE

Washington, D.C. -- The U.S. Office of Personnel Management today won a unanimous victory in the Supreme Court with a ruling that confirms a federal agencys right to discipline an employee who lies during the investigation of misconduct.

The Supreme Courts ruling in Lachance v. Erickson reverses a decision of U.S. Court of Appeals for the Federal Circuit which upheld several similar rulings of the Merit Systems Protection Board (MSPB). The MSPB ruled that an adverse action may be based on employee-related misconduct, but may not be based on false statements made by the employee about the underlying conduct.

Public service is a public trust that cannot be compromised by allowing employees to make false statements to save their jobs, said OPM Director Janice Lachance. No federal employee has a right to lie. OPM will vigorously pursue all cases that threaten the integrity of the civil service.

The Court said that it rejects, both on the basis of precedent and principle, the Federal Circuits view that a meaningful opportunity to be heard includes a right to make false statements with respect to the underlying charges of misconduct.

The case involves a police sergeant with the U.S. Treasury Department, Lester Erickson, who was terminated for lying to investigators. Following a series of harassing telephone calls made to Department employees, investigators asked Mr. Erickson if he was aware of the identities of the employees making the calls. He said he was not.

Investigators later concluded that Mr. Erickson not only knew their identities, but that he willingly participated, and coerced others into participating, in the offense. The agency fired Mr. Erickson, justifying its action based on his participation, as well as the false statements he made to investigators.

The MSPB upheld the adverse action charge based on Ericksons participation, but overturned the charge based on the making of false statements to investigators. Consequently, the MSPB reduced the agency-imposed penalty of removal of the employee to a 15-day suspension.

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