removal or destruction of evidence is only used to protect agency
In the instant case, the agency itself admits that it “technically”
breached the agreement when the February 19, 2008 proposed suspension
memo referred to the 2001 suspension. In particular, the memo stated
“[t]his past record will be taken into account in determining proper
disciplinary action . . . .” The Commission agrees with the agency
that, although the settlement language did not specifically reference
the evidence file, citation to such evidence “defeated the purpose of the
settlement agreement, which ostensibly was to eliminate this disciplinary
action from [complainant’s] record.”
Dale J. Eckholm,
Complainant,
v.
Dr. James B. Peake,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 0120082787
Agency No. 200I-0317-2002104172
