Supervisory Border Patrol Agent Removed from Federal Service Reinstated with the Agency

A Supervisory Border Patrol Agent assigned to the Rio Grande City Border Patrol Station was removed from Federal Service on March 9, 2015. The Agency alleged that the Supervisor had engaged in serious misconduct during the course of an investigation of a fellow agent for his misconduct during an apprehension. The Supervisor was charged with:

1. Lack of Candor

2. Failure to Follow the Use of Force Policy

The Supervisor hired Edinburg, Texas attorney Roberto M. Garcia to represent his interests. Attorney Garcia prepared and filed a written reply to the charges and appeared with the Supervisor to present an oral reply to the Decisionmaker. The Decisionmaker determined that the Supervisor had indeed engaged in the charged misconduct and removed him from Federal Service.

Attorney Garcia then filed an appeal with the Merit Systems Protection Board. He prepared and presented extensive and detailed factual and legal arguments in writing and orally to the Office of Chief Counsel. The parties proceeded to mediation with a Federal Mediator, where the case was ultimately settled.

The terms of the settlement included:

1. Rescission of the removal action

2. Purging of the Supervisor’s Official Personnel File of any documentation concerning the removal action

3. Reinstatement to Federal Service

4. 30-Day suspension

5. Demotion from GS-13 Step 4 to GS-12 Step 10

6. Reassignment to his former duty station

7. Lump sum payment of $65,000.00

If you are a city, county, state, or federal law enforcement officer facing disciplinary action, contact the Law Offices of Roberto M. Garcia in Edinburg, Texas, at (956) 223-2550 or email roberto@rgarcialaw.com to schedule a free consultation.